Read e-book online An Analysis of Rights PDF

By Samuel Stoljar (auth.)

ISBN-10: 1349176079

ISBN-13: 9781349176076

ISBN-10: 1349176095

ISBN-13: 9781349176090

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Additional info for An Analysis of Rights

Sample text

Hence rights and duties are not, so to speak, mirror-reversed reflections of each other. As we shall now see, rights and duties, notwithstanding their correlative correspondence, do not contain the same conceptual elements but perform different tasks, tasks nonetheless closely complementary.

And so it is with all office-holders who may - and even must - do certain things; their so-called rights thus are more properly 'powers', a concept we further attend to in Chapter 6. At all events, rights thus merging with powers, though furnishing another illustration of the multiple ambiguity of 'may', are not rights that stand in real conflict with our thesis of correlativity. Still, the thesis of non-correlative rights has been advanced with some energy, in two versions, one moderate, one more extreme.

9 Thus if A 's major desires are frustrated so long as he is ill, then A's taking unpleasant medicine is in his interest in this desirerelated sense. If, by contrast, A wants to hang himself, to give him the Rights, Benefits and Interests 33 rope to do it would not be regarded as in his interest; for though getting the rope might be desired subjectively, giving it to him would offend every ordinary notion of doing something for one's objective benefit. To be in one's interest can therefore be interpreted as a presumptive desire for a personal benefit, especially a long-term rather than a short-term, normal rather than unusual, reflective rather than momentary, benefit.

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An Analysis of Rights by Samuel Stoljar (auth.)


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