Concept of Rights, The. Law and Philosophy Library, Volume 73. George W Rainbolt

ISBN: 9781280624629

Published: January 1st 2006

ebook

269 pages


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Concept of Rights, The. Law and Philosophy Library, Volume 73.  by  George W Rainbolt

Concept of Rights, The. Law and Philosophy Library, Volume 73. by George W Rainbolt
January 1st 2006 | ebook | PDF, EPUB, FB2, DjVu, AUDIO, mp3, RTF | 269 pages | ISBN: 9781280624629 | 3.32 Mb

What is it to have a right? Previous answers to this question can be divided into two groups. Some (e.g., Joseph Raz) hold interest/benefit theories of rights while others (e.g., H.L.A. Hart and Carl Wellman) hold choice/will theories of rights. TheMoreWhat is it to have a right? Previous answers to this question can be divided into two groups. Some (e.g., Joseph Raz) hold interest/benefit theories of rights while others (e.g., H.L.A. Hart and Carl Wellman) hold choice/will theories of rights. The Concept of Rights defends an alternative to both of the traditional views, the justified-constraint theory of rights.

On this view, a person has a right if and only if a feature of that person is a sound justification for others to have a particular sort of normative constraint. The justified-constraint theory avoids the problems which have bedeviled the interest/benefit theories and the choice/will theories. It also solves the puzzle of the relational nature of rights. On the justified-constraint view, an obligation correlative to a right is to the right-holder when it is a feature of the right-holder that justifies the obligation.

The analysis also shows that, as far as the concept of rights is concerned, any sort of individual or group can have rights. The limits on what sorts of things have rights are substantive, not conceptual. Moreover, the justified-constraint solves the problem of the rights of past and future generations. It is a theory which applies, without modification, to past, present and future beings.



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