The Reciprocity Theory of Rights

被引:0
|
作者
David Rodin
机构
[1] University of Oxford,Oxford Institute for Ethics, Law, and Armed Conflict, Department of Politics and International Relations
来源
Law and Philosophy | 2014年 / 33卷
关键词
Reciprocity Relation; Actual Compliance; Private Enforcement; Interest Theory; Negative Duty;
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摘要
This article provides an explanatory account of a central class of moral rights; their normative grounding, the conditions for their possession and forfeiture, and their moral stringency. It argues that interpersonal rights against harm and rights to assistance are best understood as arising from reciprocity relations between moral agents. The account has significant advantages compared with rivals such as the interest theory of rights. By explaining the differential enforceability of rights against harm and rights to assistance, the reciprocity theory helps to refute an argument made by Cecile Fabre that the poor may have a justification for engaging in war against the affluent to compel them to fulfil their duties of assistance to the poor.
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页码:281 / 308
页数:27
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