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Single Idea 20602

[filed under theme 25. Social Practice / C. Rights / 1. Basis of Rights ]

Full Idea

A 'claim right' is one in which the person asserting the right makes a claim on others to act or not act in a certain way.

Gist of Idea

Some rights are 'claims' that other people should act in a certain way

Source

Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Claim')

Book Ref

Tuckness,A / Wolf,C: 'This is Political Philosophy' [Wiley Blackwell 2017], p.113


A Reaction

There seems to be a crucial distinction between rights which entail obligations on some individual or institution, and those which don't. Contracts (including employment contracts) generate duties on the parties.


The 31 ideas from Tuckness,A/Wolf,C

Free speech does not include the right to shout 'Fire!' in a crowded theatre [Tuckness/Wolf]
Most people want equality because they want a flourishing life [Tuckness/Wolf]
If maximising pleasure needs measurement, so does fulfilling desires [Tuckness/Wolf]
Desire satisfaction as the ideal is confused, because we desire what we judge to be good [Tuckness/Wolf]
Maybe a person's true self is their second-order desires [Tuckness/Wolf]
If there is no suffering, wealth inequalities don't matter much [Tuckness/Wolf]
For global justice, adopt rules without knowing which country you will inhabit [Tuckness/Wolf]
The veil of ignorance ensures both fairness and unanimity [Tuckness/Wolf]
Some rights are 'claims' that other people should act in a certain way [Tuckness/Wolf]
Epistemic theories defend democracy as more likely to produce the right answer [Tuckness/Wolf]
If several losing groups would win if they combine, a runoff seems called for [Tuckness/Wolf]
Rights as interests (unlike rights as autonomy) supports mandatory voting [Tuckness/Wolf]
Choice theory says protecting individual autonomy is basic (but needs to cover infants and animals) [Tuckness/Wolf]
One theory (fairly utilitarian) says rights protect interests (but it needs to cover trivial interests) [Tuckness/Wolf]
If winning elections depends on wealth, we have plutocracy instead of democracy [Tuckness/Wolf]
Having a right does not entail further rights needed to implement it [Tuckness/Wolf]
Instead of against natural law, we might assess unjust laws against the values of the culture [Tuckness/Wolf]
Unjust institutions may be seen as just; are they legitimate if just but seen as unjust? [Tuckness/Wolf]
How should democratic votes be aggregated? Can some person's votes count for more? [Tuckness/Wolf]
In a democracy, which 'people' are included in the decision process? [Tuckness/Wolf]
Which areas of public concern should be decided democratically, and which not? [Tuckness/Wolf]
Discussion before voting should be an essential part of democracy [Tuckness/Wolf]
If being subject to the law resembles a promise, we are morally obliged to obey it [Tuckness/Wolf]
We have obligations to our family, even though we didn't choose its members [Tuckness/Wolf]
People often have greater attachment to ethnic or tribal groups than to the state [Tuckness/Wolf]
If others must obey laws that we like, we must obey laws that they like? [Tuckness/Wolf]
How should the punishment fit the crime (for stealing chickens?) [Tuckness/Wolf]
Is abortion the ending of a life, or a decision not to start one? [Tuckness/Wolf]
If minority views are accepted in debate, then religious views must be accepted [Tuckness/Wolf]
During wars: proportional force, fair targets, fair weapons, safe prisoners, no reprisals [Tuckness/Wolf]
Just wars: resist aggression, done on just cause, proportionate, last resort, not futile, legal [Tuckness/Wolf]