Rights Enforcement, Trade-offs, and Pluralism

Res Publica 17 (3):227-243 (2011)
Abstract
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
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,398
External links
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
Cécile Fabre (2007). Mandatory Rescue Killings. Journal of Political Philosophy 15 (4):363–384.

View all 10 references

Citations of this work BETA

No citations found.

Similar books and articles
Peter Vallentyne (2008). Enforcement Rights and Rights to Reparation. Proceedings of the Xxii World Congress of Philosophy 50:813-820.
Ken A. Bryson (2008). Negotiating Environmental Rights. Ethics, Place and Environment 11 (3):351 – 366.
David Miller (2012). Grounding Human Rights. Critical Review of International Social and Political Philosophy 15 (4):407-427.
John Matthewson (2011). Trade-Offs in Model-Building: A More Target-Oriented Approach. Studies in History and Philosophy of Science 42 (2):324-333.
Analytics

Monthly downloads

Added to index

2011-05-04

Total downloads

32 ( #52,298 of 1,096,960 )

Recent downloads (6 months)

6 ( #40,487 of 1,096,960 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.