Rights - some conceptual issues

Australasian Journal of Philosophy 54 (2):99 – 115 (1976)
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Abstract

The first section restates and elaborates on my argument in "rights," "philosophical quarterly", 1965, Arguing that rights are not explicable as claims, Powers, Expectations, Liberties. Equally, Statements about rights, Often being logically prior to such statements, Are not reducible to such statements. In section two, This claim is supported by reference to distinctions it is vital to draw between rights, Which do not parallel those to be drawn between kinds of duties. We need to distinguish "real" rights which may be partially or completely unfulfillable, "conditional" rights which, If morally unfulfillable, Cease to be rights at all, And "prima facie" rights proper which are always rights, Basic, Ultimate, Rights, Whether or not it is physically or morally possible fully to acknowledge them. In section three, The ultimate basis of rights is examined. It is argued that for any moral right to exist, Some right(s) must be intrinsic to a possessor, And hence based on what he is and what he can become

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