By Attracta Ingram
Rights are uncomplicated construction blocks of the modern nation, but their rigorous justification is hard. This e-book presents a radical research of this primary subject, and demanding situations the orthodox view that rights are one of those estate declare in one's physique. Drawing at the culture of the social agreement in addition to the wealth of contemporary paintings in political thought, Ingram conceives of rights as one of those political declare, and exhibits how they are often justified in a fashion rather suited for the pluralistic nature of latest liberal society.
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Additional resources for A Political Theory of Rights
On constructing original positions with different assumptions see Barry, Theories of Justice, ch. 9. 47 The answer to the question of sense which starts this project is that rights are political not proprietary claims. It is then time to return to the various challenges to rights noted in this chapter: Is autonomy unintelligible? Are rights connected with separation from the community? Is talk of rights nonsense? Are all rights legal rights? While giving a negative answer to those questions, I will try to show how the good sense in the points made in support of the positions they summarize is accommodated in the theory of rights as political.
The way of talking we ﬁnd ourselves adopting substitutes self-government for self-ownership and autonomy or positive freedom for negative liberty. Can such talk be made credible? Chapter 5 endeavours to elucidate a conception of autonomy that has 43 The distinction is brought out by Brian Tierney, ‘Tuck on Rights: Some Medieval Problems’, 439. 44 The analysis of rights into the constituents of claims, liberties or privileges, powers, and immunities, is made in Wesley N. Hohfeld, Fundamental Legal Conceptions.
For example, if all power were vested in a hereditary monarch or a religious leader there could be no warranty that it would remain in his hands. He might split it with members of his family, or his friends, or even hand it over to a foreign ruler. 63 I am indebted to Alan Ryan's interpretation. See his Property and Political Theory, 29. 64 For suggestions along these lines see Waldron, Private Property, 404–5; and Andrew Kernohan, ‘Rawls and the Collective Ownership of Natural Abilities’, 26–7.