What Does it Mean to Have a Right?

This contribution offers an introduction into the language of rights and the role rights play in ethics and law, with special reference to the rights of children. It emerges that there are a number of very different functions characteristic of 'rights talk', both in ethics and law, and th...

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Main Author: Dieter Birnbacher
Format: Article
Language:English
Published: Tübingen University 2009-11-01
Series:Intergenerational Justice Review
Online Access:https://igjr.org/ojs/index.php/igjr/article/view/509
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author Dieter Birnbacher
author_facet Dieter Birnbacher
author_sort Dieter Birnbacher
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description This contribution offers an introduction into the language of rights and the role rights play in ethics and law, with special reference to the rights of children. It emerges that there are a number of very different functions characteristic of 'rights talk', both in ethics and law, and that many of them offer opportunities for strengthening appeals to moral and legal principles while others involve pitfalls that should be avoided. In conclusion, two of the theoretical questions raised by rights are addressed: whether the concept of rights can be replaced without loss by the concept of obligation, and whether rights should be seen as social constructs derived from obligations, or whether it is more plausible to reverse the order of priority.
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spelling doaj-art-4be8b124abbc442bbea665e2932c82152025-02-10T05:00:42ZengTübingen UniversityIntergenerational Justice Review2190-63352009-11-014What Does it Mean to Have a Right?Dieter Birnbacher0University of Düsseldorf This contribution offers an introduction into the language of rights and the role rights play in ethics and law, with special reference to the rights of children. It emerges that there are a number of very different functions characteristic of 'rights talk', both in ethics and law, and that many of them offer opportunities for strengthening appeals to moral and legal principles while others involve pitfalls that should be avoided. In conclusion, two of the theoretical questions raised by rights are addressed: whether the concept of rights can be replaced without loss by the concept of obligation, and whether rights should be seen as social constructs derived from obligations, or whether it is more plausible to reverse the order of priority. https://igjr.org/ojs/index.php/igjr/article/view/509
spellingShingle Dieter Birnbacher
What Does it Mean to Have a Right?
Intergenerational Justice Review
title What Does it Mean to Have a Right?
title_full What Does it Mean to Have a Right?
title_fullStr What Does it Mean to Have a Right?
title_full_unstemmed What Does it Mean to Have a Right?
title_short What Does it Mean to Have a Right?
title_sort what does it mean to have a right
url https://igjr.org/ojs/index.php/igjr/article/view/509
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