Rights, Wronging, and Equality of Status

Law and Philosophy:1-28 (forthcoming)
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Abstract

Two problems about rights have received so far little attention. One is the problem of identifying a general value in the practice of rights. The second is to see when, if at all, rights violations wrong the right-holder, in a morally significant sense. In the present essay, I address the first question by investigating the second. I first show that if we commit to the two ideas, common in the contemporary philosophy of rights, that claim-rights always correlate with directed duties and that rights aspire to protect interests of the right-holder, we make it hard to explain why rights violations, in general, wrong right-holders. In the final section, I present what I see as a promising solution to the puzzle. I describe a particular social environment (the society of equals) where interacting with others through rights is indeed valuable because respecting rights communicates that one takes seriously others’ equal moral status. In such a society and only in such a society, I conclude, moral agents are required to treat all rights violations as wrongs perpetrated against the right-holder.

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Giulio Fornaroli
Jagiellonian University

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References found in this work

The nature and value of rights.Joel Feinberg & Jan Narveson - 1970 - Journal of Value Inquiry 4 (4):243-260.
What is it to wrong someone? A puzzle about justice.Michael Thompson - 2004 - In R. Jay Wallace, Philip Pettit, Samuel Scheffler & Michael Smith, Reason and Value: Themes From the Moral Philosophy of Joseph Raz. New York: Clarendon Press. pp. 333-384.
Who Can Be Wronged?Rahul Kumar - 2003 - Philosophy and Public Affairs 31 (2):99-118.

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