Combining Texts

Ideas for 'works', 'This is Political Philosophy' and 'Iteration Again'

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4 ideas

25. Social Practice / C. Rights / 1. Basis of Rights
Some rights are 'claims' that other people should act in a certain way [Tuckness/Wolf]
     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.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Claim')
     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.
Choice theory says protecting individual autonomy is basic (but needs to cover infants and animals) [Tuckness/Wolf]
     Full Idea: Choice theorists hold that rights protect our rights to make autonomous judgements, because our basic right to autonomy must be protected, The theory has a problem with people unable to exercise autonomy (such as infants and animals).
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Interest')
     A reaction: The problem of infants and animals looks like a decisive objection to me. We obviously don't protect dangerous or hostile autonomous judgements, and it is not clear why protecting stupid autonomy should be basic.
One theory (fairly utilitarian) says rights protect interests (but it needs to cover trivial interests) [Tuckness/Wolf]
     Full Idea: Interest theorists hold that rights serve to protect people's important interests. This is closely allied with utilitarian values. The theory has difficulty accounting for relatively trivial interests (like owning a lemonade you bought).
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Interest')
     A reaction: This sounds more plausible than choice theory (Idea 20604). It is obvious that infants must have rights. The lemonade problem seems to demand some sort of rule utilitarianism. Sidgwick looks promising. Rights can also be moral claims.
Having a right does not entail further rights needed to implement it [Tuckness/Wolf]
     Full Idea: Possession of a right (such as self-defence) does not always imply that one has additional rights to whatever they need (such as a handgun) in order to exercise the first right.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Is there')
     A reaction: The right to life entails a right to food (but not to a banquet), so it is a stronger right than self-defence. I have no obligation to let you defend yourself against me, but I may have an obligation to feed you if you are starving. (Distinction here?)