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- Diana T. Meyers (1984). Rights-Based Rights. Law and Philosophy 3 (3):407 - 421.Ronald Dworkin maintains that particular rights, like the right to free speech and the right to own personal property, can be derived from a foundational right, the right to equal concern and respect. This paper questions the tenability of this program for rights-based rights. A right is an individuated moral or political guarantee which confers a specified benefit on each right-holder and which resists conduct that would derogate it. For there to be rights-based rights, both the foundational right and the rights it implies must satisfy this definition. It is doubtful, however, that the right to equal concern and respect should count as a right since the benefits it confers are at best highly controversial and may not be assignable to individuals. But even if we grant that the content of the right to equal concern and respect can be satisfactorily specified, the status of the derived rights remains problematic. The trouble is that the relation between the right to equal concern and respect and the rights it implies parallels the relation between the principle of utility and the rights it may imply. Both of these foundational principles can extinguish derived rights. Consequently, rights dependent on either of these principles are not trumps, and their standing as rights is suspect. I conclude that Dworkin's method of defending rights is inappropriate for the most important of our rights though it may well serve for less critical ones.Reading list | Discuss | Edit | Categorize |My bibliography
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| | Scholar | More options ... Theories of equal human rights have experienced an exponential growth during the past thirty or forty years. From declarations of human rights, such as the United Nations' Universal Declaration of Human Rights, to arguments about the rights of fetuses versus the rights of women, to claims and counter claims about the rights of minorities to preferential hiring, the rights of animals to life and well-being, and the rights of trees to be preserved, the proliferation of rights affects every phase of our socio-political discourse. Hardly a month goes by without a new book appearing on the subject.
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| | Other links: pdcnet.org | Scholar | At my library | More options ... The Proliferation of Rights explores how the assertion of rights has expanded dramatically since World War II. Carl Wellman illuminates for the reader the historical developments in each of the major categories of rights, including human rights, civil rights, women’s rights, patient rights, and animal rights. He concludes by assessing where this proliferation has been legitimate and helpful, cases where it has been illusory and unproductive, and alternatives to the appeal to rights.
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| | Scholar | At my library | More options ... This essay is a foray into the question of whether the language of human rights might one day serve to put decisions of human reproduction into the framework of accountability to social and ecological justice. Two possibilities seem to present themselves: (1) extending moral concern to beings who have not been considered worthy of it so that they are accorded biotic rights and (2) enlarging the definition of rights so that the umbrella is natural rights, with human rights constituting only a subset of such rights.
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| | Scholar | At my library | More options ... This paper has two purposes. One is primarily (but not exclusively) conceptual and the other is normative. The first aim is to say what inalienable rights are. To explain this, inalienable rights are contrasted with the notions of forfeitable rights and absolute rights. A recent novel analysis of inalienable rights by Feinberg is explained and criticized. The first task is concluded by discussing what duties inalienable rights imply. The second aim is to see what moral principles, if any, justify designating some rights as inalienable. The claim of Nozick and others that inalienable rights must be paternalistically grounded is examined and rejected. After a brief critical discussion of the Lockean and Hobbesean accounts of the basis of inalienable rights, it is argued that the harm principle can serve as an adequate ground for categorizing at least the right to life (and perhaps other rights) as inalienable.
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| | Other links: jstor.org | Scholar | At my library | More options ... This paper focuses on the nature of cultural group rights in relation to individual rights. The recent liberal acceptance that minority cultures should have a collective power over their cultural matters has been challenged by other liberals on the grounds that cultural rights as group rights cannot be reconciled with the basic moral and political principles of liberalism which are derived from individual liberties and rights. Through tackling some liberal arguments against group rights, we reject the view that regards group rights as normatively and practically incompatible with individual rights, and argue that group rights can be defended and justified on the ground that the interests and values protected through them are the shared interests and values of individuals. Thus, whether they are exercised individually or collectively, justifications of all group rights are derived from the interests and values that individuals have as members of the group. Like any other rights, cultural group rights also have some limitations. That is, the rights of a group to preserve its culture are limited by individual human rights, the rights of other relevant groups and the state.
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| | Scholar | At my library | More options ... There are, in the broadest terms, two views of the value of the right to free speech. On the first view speech rights good in themselves. To respect a person’s speech rights is just to respect the inherent dignity and worth of that person as a rational and autonomous being. On the second view speech rights are means to ends. We ascribe speech rights because doing so will help us to achieve desirable states of affairs like democratic stability, market efficiency, and greater enlightenment.
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| | Other links: wenar.staff.shef.ac.uk | Scholar | More options ... The main purpose of this paper is to argue that there are no minority moral rights. Rights claimed to be minority moral rights, such as land rights and hunting rights of indigenous peoples, and the political and language rights of some minority cultures, turn out to be either collective moral rights which are not also minority moral rights, or else to be merely (possibly morally justified) legal minority rights which are not also minority moral rights.
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| | Scholar | At my library | More options ... The consequentialist project for human rights -- Exceptions to libertarian natural rights -- The main principle -- What is well-being? What is equity? -- The two deepest mysteries in moral philosophy -- Security rights -- Epistemological foundations for the priority of autonomy rights -- The millian epistemological argument for autonomy rights -- Property rights, contract rights, and other economic rights -- Democratic rights -- Equity rights -- The most reliable judgment standard for weak paternalism -- Liberty rights and privacy rights -- Clarifications and responses to objections -- Conclusion.
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| | Scholar | At my library | More options ... Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other theorists of human rights make a mistake when they define human rights in statist terms. The scope of a theory of human rights must include all human beings, even if not simply in virtue of their humanity. The aspiration for human rights to be political and not metaphysical is interesting and admirable, but the human scope of human rights must be retained in order for human rights to retain their critical force.
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| | Scholar | More options ... Discussion of Diana T. Meyers, Rights-based rights
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