David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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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|
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References found in this work BETA
Stephen L. Darwall (2006). The Second-Person Standpoint: Morality, Respect, and Accountability. Harvard University Press.
Joseph Raz (1986). The Morality of Freedom. Oxford University Press.
John Stuart Mill (1999). On Liberty. Broadview Press.
Joseph Raz (1994). Ethics in the Public Domain: Essays in the Morality of Law and Politics. Oxford University Press.
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