Journal of Ethics 4 (1-2):115-135 (2000)
|Abstract||This paper considers the proposal, associated with the CriticalLegal Studies movement (CLS) that the language of rights shouldbe replaced with the language of needs. It argues that thelanguage of needs is no less contestable, and has an even lesssecure relation to the idea of social duty than the idea ofrights. The paper rejects the notion that rights are usuallynegative claims on others – claims to their forbearance –and argues that rights can be understood perfectly well as adiscourse in which affirmative claims are articulated. Moreover,rights are naturally associated with the idea of a moral system– a well-thought-through set of demands, in which potentialconflicts have been addressed and resolved. The concept ofneed does not have such systemic implications.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Marcus Arvan (2012). Reconceptualizing Human Rights. Journal of Global Ethics 8 (1):1-15.
Marcus Arvan (2012). Reconceptualizing Human Rights. Journal of Global Ethics 8 (1):91-105.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Jeremy Waldron (1998). Participation: The Right of Rights. Proceedings of the Aristotelian Society 98 (3):307–337.
A. Belden Fields (2003). Rethinking Human Rights for the New Millennium. Palgrave Macmillan.
Saladin Meckled-Garcia (2004). Neo-Positivism About Rights the Problem with 'Rights as Enforceable Claims'. Proceedings of the Aristotelian Society 105 (1):143–148.
Louis G. Lombardi (1985). The Nature of Rights. Philosophy Research Archives 11:431-439.
Seumas Miller (2000). Collective Rights and Minority Rights. International Journal of Applied Philosophy 14 (2):241-257.
Louis Pojman (1991). A Critique of Contemporary Egalitarianism. Faith and Philosophy 8 (4):481-504.
John Edwards (2006). Rights: Foundations, Contents, Hierarchy. Res Publica 12 (3).
Added to index2009-01-28
Total downloads68 ( #12,937 of 549,088 )
Recent downloads (6 months)2 ( #37,333 of 549,088 )
How can I increase my downloads?