Journal of Value Inquiry 7 (3):204-213 (1973)
By way of conclusion, I have tried to show that rights do not come from nowhere, that is, rights are not sui generis. They come from claims. Rights do not make claims possible; rather claims make rights possible. For out of claims come claims to rights and from the welter of such claims to rights a legal system is established which, after sifting and refining, accepts some claims to rights and dignifies these as deeds, titles, rights and rejects others; and provides rules enabling persons to exercise their rights. A system of rights and rules thus generated gives one the right to make strong claims. Although having a right is not a condition for making a claim, having a right is necessary to sustain and appraise a claim. Appealing to rights enables us to distinguish weak from strong claims. For rights may sustain or rebut claims though they are not themselves claims.How can we appraise claims? A claim to implies a claim that, the latter being an outcome of the former. If the resulting claim is open to appraisal of the sustain/reject or true/false kind, then it is a claim in a sense other than a primitive cry in the wild. If one can go on to say of a claim that is open to appraisal that one has a right to make such a claim or that one has a strong claim, this is to give favorable, initial appraisal to a claim thus made; and is a claim not in a primitive but in a secondary and ultimately more significant sense
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
Some Legal, Moral and Intellectual Rights of Children.Bertram Bandman - 1977 - Educational Theory 27 (3):169-178.
Similar books and articles
Neo-Positivism About Rights the Problem with 'Rights as Enforceable Claims'.Saladin Meckled-Garcia - 2004 - Proceedings of the Aristotelian Society 105 (1):143–148.
The Role of Rights in Practical Reasoning: ``Rights'' Versus ``Needs''. [REVIEW]Jeremy Waldron - 2000 - Journal of Ethics 4 (1-2):115-135.
Added to index2009-01-28
Total downloads33 ( #152,424 of 2,154,174 )
Recent downloads (6 months)1 ( #397,226 of 2,154,174 )
How can I increase my downloads?