By C.P. Wellman
An method of Rights comprises fifteen formerly released yet as a rule inaccessible papers that jointly convey the improvement of 1 of the extra vital modern theories of the character, grounds and useful implications of rights. In an extended retrospective essay, Carl Wellman explains what he was once attempting to accomplish in each one paper, how some distance he believes that he succeeded and the place he failed. therefore the writer presents a severe standpoint either on his personal concept and on replacement theories from which he borrows, or that he rejects. those essays determine the issues any enough conception of rights needs to clear up, describe the extra believable recommendations and weigh the benefits of every. they are going to be of distinct curiosity to any reader taken with felony concept, ethical philosophy or any department of utilized ethics or social coverage within which appeals to rights are usually made yet seldom rationally satisfactory.
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Additional info for An Approach to Rights: Studies in the Philosophy of Law and Morals
Thus, my reflections led me to a reasons-utilitarianism in which the proximate grounds of any moral duty, power or other position are dualaspect practical reasons that are ultimately grounded on a pair of utilities. Although I am still convinced that any adequate theory of the grounds of moral rights must be teleological, I believe that the special nature of moral reasons must be explained by a narrower range of values. Moral reasons are essentially social. Therefore, what is required to ground them are sociability factors, factors such as security or trustworthiness that enable individuals living in society with one another to interact and cooperate in mutually rewarding ways (Wellman, 1995, pp.
He concluded that protective social practices are built into the conception of moral as well as legal rights. Although I agreed with him that any moral right lacking protection is infirm or weak, I did not conclude that it fails to be a real right. Moreover, I rejected his contention that the concept of a moral right presupposes some actual protection. The sort of protection built into my conception of a right is not actual protection but what Neil MacCormick very aptly christened 'normative protection' (MacCormick 1977, p.
My rebuttal hinges upon the premise that the duty correlative with any claim-right is a relative duty, a duty to the right-holder. Although various intetpretions of the concept of a relative duty are implicit in the literature of jurisprudence and moral philosophy, debate has been mainly between those who maintain that a relative duty is owed to the presumed beneficiary of its performance and those who assert that it is owed to the claimant, the party with the power to claim performance or remedy for nonperformance.
An Approach to Rights: Studies in the Philosophy of Law and Morals by C.P. Wellman