Rights Enforcement, Trade-offs, and Pluralism

Res Publica 17 (3):227-243 (2011)
This paper asks whether (human) rights enforcement is permissible given that it may entail infringing on the rights of innocent bystanders. I consider two strategies that adopt a rights-sensitive consequentialist framework and offer a positive answer to this question, namely Amartya Sen’s and Hillel Steiner’s. Against Sen, I argue that trade-offs between rights are problematic since they contradict the purpose of rights, which is to provide a pluralist solution to disagreement about values, i.e. to allow agents to act in accordance with their values. I further argue that Steiner’s compensation strategy does not succeed in avoiding trade-offs so it falls prey to the same criticism. I propose a non-trade-off solution that is implicit in the accounts discussed and is more consistent with the meta-ethical framework advocated by Sen. This solution relies on an enforceable duty to share in the costs of rights enforcement hence it entails a degree of redistribution for enforcement purposes
Keywords Conflicts of rights  Trade-offs  Enforcement  Consequentialism  Agent-relative reasons  Pluralism
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DOI 10.1007/s11158-011-9152-4
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References found in this work BETA
Amartya Sen (1982). Rights and Agency. Philosophy and Public Affairs 11 (1):3-39.

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Citations of this work BETA
Adina Preda (2015). Are There Any Conflicts of Rights? Ethical Theory and Moral Practice 18 (4):677-690.

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