Abstract

This article considers a recent attempt by Alon Harel ((1997) 17 OJLS 101) to shed light on the nature of rights by examining the way derivative rights are recognized as instances of more fundamental rights. It criticizes the way Harel seeks to make a distinction between intrinsic and extrinsic reasons for rights, and so to establish a distinctive operation of practical reasoning for rights. The rationales linked to particular rights, and stated more generally within competing rights theories, are considered; as well as the significance of finding rights expressed in a generalized form, and the link between moral and legal rights.Whilst endorsing Harel's observation that an investigation of the basis for derivative rights will illuminate our understanding of rights, the conclusion is reached that the justification for rights has to be found in wider factors than found in their rationale, which of itself is incapable of providing a distinctive operation of practical reasoning