What Does it Mean to Have a Right?

Intergenerational Justice Review 4 (4) (2009)
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Abstract

This contribution offers an introduction into the language of rights and the role rights play in ethics and law; with special reference to the rights of children. It emerges that there are a number of very different functions characteristic of 'rights talk'; both in ethics and law; and that many of them offer opportunities for strengthening appeals to moral and legal principles while others involve pitfalls that should be avoided. In conclusion; two of the theoretical questions raised by rights are addressed: whether the concept of rights can be replaced without loss by the concept of obligation; and whether rights should be seen as social constructs derived from obligations; or whether it is more plausible to reverse the order of priority.

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Dieter Birnbacher
Heinrich Heine University Düsseldorf

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References found in this work

An essay on rights.Hillel Steiner - 1994 - Oxford, UK ;: Blackwell.
Ethical theory.Richard B. Brandt - 1959 - Englewood Cliffs, N.J.: Prentice-Hall.
An Essay on Rights.Gerald F. Gaus - 1996 - Journal of Philosophy 93 (4):203.
Rights, Justice, and the Bounds of Liberty.Donald Vandeveer - 1982 - Philosophy and Phenomenological Research 43 (1):120-127.

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