Rights to Compensation


Authors
Onora O'Neill
Cambridge University
Abstract
Rights to compensation are much invoked and much disputed in recent liberal debates. The disputes are generally about supposed fundamental rights to compensation, whose recognition and legal enactment would transform some lives. For example, special treatment in education or employment are claimed as compensation for past denials of equal opportunity; special consideration for Third World countries in aid and trade terms is claimed as compensation for the injustices of the colonial past. We can make ready sense of the idea of legal rights to compensation. Legal rights to compensation guarantee recompense for damage suffered. The damage for which compensation is given may or may not be produced by wrongdoing; it may also be negligent or accidental or due to natural causes. In law, compensation is not always contingent upon the victim having suffered injury as well as harm, nor upon saddling a wrong-doer with the costs of compensation. Insurance policies standardly cover damage due to accident and neglect. Legal rights to compensation may provide for payments to victims of violent crime, to those whose property is requisitioned or damaged, to victims of libel or malpractice, and even to victims of natural disasters such as floods or earthquakes. Legal rights to compensation are a standard way of dealing with the predicament of those who become victims, whether of others' action, of their own negligence, or of natural catastrophe. None of this shows that there are fundamental rights to compensation. Legal rights to compensation may lack moral grounding: and if they are morally grounded, they may rest not on fundamental rights to compensation, but on background positions in which rights are derivative or inessential
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/s0265052500001254
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 46,179
Through your library

References found in this work BETA

Reasons and Persons.Joseph Margolis - 1984 - Philosophy and Phenomenological Research 47 (2):311-327.
After Virtue.A. MacIntyre - 1981 - Tijdschrift Voor Filosofie 46 (1):169-171.
Who Can Endeavour Peace?Onora O'neill - 1986 - Canadian Journal of Philosophy 16 (sup1):41-73.

View all 6 references / Add more references

Citations of this work BETA

On Benefiting From Injustice.Daniel Butt - 2007 - Canadian Journal of Philosophy 37 (1):129-152.
Transgenerational Compensation.George Sher - 2005 - Philosophy and Public Affairs 33 (2):181-200.
On Benefiting From Injustice.Daniel Butt - 2007 - Canadian Journal of Philosophy 37 (1):129-152.

Add more citations

Similar books and articles

Responsibility and Compensation Rights.Peter Vallentyne - 2009 - In Stephen De Wijze, Matthew H. Kramer & Ian Carter (eds.), Hillel Steiner and the Anatomy of Justice: Themes and Challenges. Routledge.
Rights: Foundations, Contents, Hierarchy.John Edwards - 2006 - Res Publica 12 (3):277-293.
Sweatshops, Labor Rights, and Comparative Advantage.Gary Chartier - 2008 - Oregon Review of International Law 10 (1):149--188.
Rights, Compensation, and Culpability.Michael J. Zimmerman - 1994 - Law and Philosophy 13 (4):419 - 450.
A Moral and Economic Defense of Executive Compensation.John Dobson - 2011 - Business and Professional Ethics Journal 30 (1-2):59-70.
Does Distributive Justice Pay? Sternberg’s Compensation Ethics.Jeffrey Moriarty - 2011 - International Journal of Applied Philosophy 25 (1):33-48.
Rights, Permission, and Compensation.Nancy Davis - 1985 - Philosophy and Public Affairs 14 (4):374-384.
Rights and Duties of Compensation.Phillip Montague - 1984 - Philosophy and Public Affairs 13 (1):79-88.
Davis and Westen on Rights and Compensation.Phillip Montague - 1985 - Philosophy and Public Affairs 14 (4):390-396.

Analytics

Added to PP index
2010-08-31

Total views
54 ( #162,996 of 2,285,434 )

Recent downloads (6 months)
1 ( #841,072 of 2,285,434 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature