Abstract

Chapter 5 discusses the ontology and definitional issues involved with classifying rights into negative and positive paradigms. It analyzes the common definitions of “positive rights” in philosophy and law and proposes a more coherent definition based on UNESCO categories. It then critiques the ontological rejection of negative rights, observing that such rights are both possible and meaningful. It then analyzes Henry Shue’s argument that some rights are more “basic” than others, accepting his premise generally and refuting counterarguments, but proposing refinements to his definition of basic rights. Basic rights and the duty of fulfillment are also discussed, as is the purported unenforceability of positive rights.