In defense of claim-rights
In defense of claim-rights
The claim-right model of rights contends that Hohfeldian ‘claim-rights’ defined in terms of a constitutive correlativity with directed duties mark a distinctive phenomenon encompassing paradigmatic moral rights. Recent criticisms suggest this traditional model faces a dilemma: any plausible specification (i) is extensionally or explanatorily inadequate or (ii) cannot serve a distinct normative purpose intended by those invoking rights. This work defends the claim-right model against this line of critique. It demonstrates that proper understandings of the extensional/explanatory adequacy criteria and the intended taxonomic role claim-rights are meant to fulfil dissolve the apparent dilemma and support the model.
Rights, Claim Rights, Rights Theory, Political Philosophy, Political Theory, Legal Theory, Hohfeld
140-150
Da Silva, Michael
05ad649f-8409-4012-8edc-88709b1a3182
29 November 2024
Da Silva, Michael
05ad649f-8409-4012-8edc-88709b1a3182
Da Silva, Michael
(2024)
In defense of claim-rights.
Journal of Ethics & Social Philosophy, 29 (1), .
Abstract
The claim-right model of rights contends that Hohfeldian ‘claim-rights’ defined in terms of a constitutive correlativity with directed duties mark a distinctive phenomenon encompassing paradigmatic moral rights. Recent criticisms suggest this traditional model faces a dilemma: any plausible specification (i) is extensionally or explanatorily inadequate or (ii) cannot serve a distinct normative purpose intended by those invoking rights. This work defends the claim-right model against this line of critique. It demonstrates that proper understandings of the extensional/explanatory adequacy criteria and the intended taxonomic role claim-rights are meant to fulfil dissolve the apparent dilemma and support the model.
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JESP AAM
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JESP-29-1-N1-Da+Silva
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Accepted/In Press date: 17 April 2024
Published date: 29 November 2024
Keywords:
Rights, Claim Rights, Rights Theory, Political Philosophy, Political Theory, Legal Theory, Hohfeld
Identifiers
Local EPrints ID: 489297
URI: http://eprints.soton.ac.uk/id/eprint/489297
ISSN: 1559-3061
PURE UUID: b8453145-13cd-4fb9-900c-7c9c296e0b30
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Date deposited: 19 Apr 2024 16:38
Last modified: 30 Nov 2024 03:08
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Author:
Michael Da Silva
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