Rights and Borderline Cases

Jeffrie G. Murphy

Arizona State University College of Law


Arizona Law Review, Vol. 19, p. 228, 1977

Two competing theories of justice are currently dominating discussion within contemporary Anglo-American moral, social, political, and legal philosophy: John Rawls Welfare-State Liberal theory based on the partial redistribution of wealth within society and Robert Nozick’s Libertarian theory based upon the claims that justice is the respecting of people’s rights. This article explores the concept of a right. It is based on the assumption that one way to develop an understanding of this important moral concept is to examine cases where the ascription of rights seems doubtful. If we can understand what goes wrong in the doubtful cases, then perhaps we can develop a more satisfactory account of the clear cases. This article may be viewed as a tentative start toward showing that a generally Rawlsian theory of justice or rights can make an important place for those moral claims which Nozick calls entitlements.

Number of Pages in PDF File: 14

Keywords: Theory of Justice, John Rawls, Robert Nozick

Open PDF in Browser Download This Paper

Date posted: August 27, 2009  

Suggested Citation

Murphy, Jeffrie G., Rights and Borderline Cases (1977). Arizona Law Review, Vol. 19, p. 228, 1977. Available at SSRN: http://ssrn.com/abstract=1462830

Contact Information

Jeffrie G. Murphy (Contact Author)
Arizona State University College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
(480) 965-5856 (Phone)
(480) 965-2427 (Fax)
Feedback to SSRN

Paper statistics
Abstract Views: 400
Downloads: 41

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.188 seconds