The Play of Rights

The Monist 56 (4):479-502 (1972)
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Abstract

Generosity is usually reserved for those to whom we are bound by friendship or warm affection; but even where such ties are absent an effective equivalent is our recognition that others, even casual acquaintances, have a right to these same benefits. If warm affection is joined with the regard that men of moral integrity have for such rights, the disposition to confer such benefits upon others is almost always efficacious. Unfortunately, matters are not always so neatly aligned or so simply resolved. The goods at our disposal are in too short supply to permit us adequately to bestow them whenever they are needed, even upon those to whom we are bound by love and affection; and not infrequently those who are entitled to these goods are persons to whom we are not warmly disposed. In any case our limited opportunities and abilities, together with the unexpected and even unpredictable circumstances that defeat even our best intentions, sometimes compel us to choose which of two competing rights, both of which engage our moral concerns, to honor by what we do—or perhaps to choose between a right and a quite different but no less important sort of consideration which, as reasonable agents, we must also respect—hoping that in acting as we do we shall make the best of an unfortunate situation that has been thrust upon us. Inevitably, even though only occasionally, in the complex and even unforeseeable circumstances in which we conduct our affairs with each other, there arises a characteristic play of rights in which one gives way or yields in its moral force in the face of more compelling considerations.

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Citations of this work

Do We Need Rights in Bioethics Discourse?Julius Sim - 2020 - Journal of Medicine and Philosophy 45 (3):312-331.
Education and the 'rights' of children and adolescents.Robert Young - 1976 - Educational Philosophy and Theory 8 (1):17–31.
Rights, Utilities and Contracts.Alan H. Goldman - 1977 - Canadian Journal of Philosophy 7 (sup1):121-135.

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