David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ethical Theory and Moral Practice 13 (2):215 - 228 (2010)
My goal in this paper is to advance a long-standing debate about the nature of moral rights. The debate focuses on the questions: In virtue of what do persons possess moral rights? What could explain the fact that they possess moral rights? The predominant sides in this debate are the status theory and the instrumental theory. I aim to develop and defend a new instrumental theory. I take as my point of departure the influential view of Joseph Raz, which for all its virtues is unable to meet the challenge to the instrumentalist that I will address: the problem of justifying the enforcement of rights. I then offer a new instrumental theory in which duties are grounded on individuals’ interests, and individuals rights exist in virtue of the duties owed to them. I argue that my theory enables the instrumentalist to give the right sort of justification for enforcing rights.
|Keywords||Ethics Moral philosophy Rights Reasons Duty Justification Coercion|
|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
Stephen L. Darwall (2006). The Second-Person Standpoint: Morality, Respect, and Accountability. Harvard University Press.
John Stuart Mill (1999). On Liberty. Broadview Press.
John Stuart Mill (1962). Utilitarianism. Cleveland, World Pub. Co..
Joseph Raz (1994). Ethics in the Public Domain: Essays in the Morality of Law and Politics. Oxford University Press.
Citations of this work BETA
No citations found.
Similar books and articles
Siegfried Van Duffel (2012). The Nature of Rights Debate Rests on a Mistake. Pacific Philosophical Quarterly 93 (1):104-123.
Eleanor Curran (2007). Reclaiming the Rights of the Hobbesian Subject. Palgrave Macmillan.
Eleanor Curran (2002). Hobbes's Theory of Rights – a Modern Interest Theory. Journal of Ethics 6 (1):63-86.
Eric Mack (1999). In Defense of Individualism. Ethical Theory and Moral Practice 2 (2):87-115.
George E. Panichas (1985). The Structure of Basic Human Rights. Law and Philosophy 4 (3):343 - 375.
Rowan Cruft (2010). On the Non-Instrumental Value of Basic Rights. Journal of Moral Philosophy 7 (4):441-461.
Added to index2009-07-27
Total downloads47 ( #33,334 of 1,096,570 )
Recent downloads (6 months)3 ( #99,452 of 1,096,570 )
How can I increase my downloads?