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Phil 160

Phil 160 . Rights (continued). Categories of Rights. Who is alleged to have the right: Children's rights, animal rights, workers' rights, states' rights, the rights of peoples.

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Phil 160

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  1. Phil 160 Rights (continued)

  2. Categories of Rights • Who is alleged to have the right: Children's rights, animal rights, workers' rights, states' rights, the rights of peoples. • Whatactions or states or objects the asserted right pertains to: Rights of free expression, to pass judgment; rights of privacy, to remain silent; property rights, bodily rights. • Why the rightholder (allegedly) has the right: Moral rights are grounded in moral reasons, legal rights derive from the laws of the society, customary rights exist by local convention. • How the asserted right can be affected by the rightholder's actions: The inalienable right to life, the forfeitable right to liberty, and the waivable right that a promise be kept. • Leif Wenar, “Rights” SEP Entry

  3. Hohfeld’s analysis: • Wesley Hofeld, an American legal scholar, divided different sorts of rights into four elements: • Priviledges • Claims • Powers • Immunities

  4. Privileges: • A has a privilege to φ if and only ifA has no duty not to φ • Licenses (to drive, to kill, etc.) or other legally conferred privileges (the right to practice law, medicine, etc.) are examples of this kind of right. • Also, the right to sit in any seat at all in a theater, the right to pick up a coin off of the sidewalk, etc.

  5. Claims: • A has a claim that B φ if and only ifB has a duty to A to φ • Parties to contracts each have a claim on one another, and so each party also has a duty to the other. • Since we have duties not to hurt people, people have rights not to be hurt. • Property rights are another good example of claim-rights

  6. Powers: • A has a power if and only ifA has the ability within a set of rules to alter her own or another's rights • Military commanders for example have powers to eliminate or change priviledges, and in some cases, claim rights, and even powers.

  7. Immunities: • B has an immunity if and only ifA lacks the ability within a set of rules to alter B's rights • The rights of US citizens offer many immunities against the government’s powers. Freedom of religious expression, no ex post facto laws, right to due process, etc.

  8. Opposites and correlatives:

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