David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 3 (3):407 - 421 (1984)
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.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Louis Pojman (1991). A Critique of Contemporary Egalitarianism. Faith and Philosophy 8 (4):481-504.
Carol S. Robb (1998). Liberties, Claims, Entitlements, and Trumps: Reproductive Rights and Ecological Responsibilities. Journal of Religious Ethics 26 (2):283-294.
Terrance McConnell (1984). The Nature and Basis of Inalienable Rights. Law and Philosophy 3 (1):25 - 59.
Erol Kuyurtar (2007). Are Cultural Group Rights Against Individual Rights? The Proceedings of the Twenty-First World Congress of Philosophy 3:51-59.
Leif Wenar (2005). 9 The Value of Rights. In Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.), Law and Social Justice. MIT Press 3--179.
Seumas Miller (2000). Collective Rights and Minority Rights. International Journal of Applied Philosophy 14 (2):241-257.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Added to index2009-01-28
Total downloads32 ( #131,428 of 1,934,361 )
Recent downloads (6 months)1 ( #434,317 of 1,934,361 )
How can I increase my downloads?