Towards a Right Against Risking

26 Pages Posted: 19 Sep 2009  

John Oberdiek

Rutgers Law School; Rutgers, The State University of New Jersey - School of Law - Camden

Date Written: September 18, 2009

Abstract

Morality forbids treating people in certain ways, and one way that it does so is through the recognition of rights. Rights form a part of every plausible moral theory, if not at a fundamental level, than at the practical level of application. Indeed, moral theories typically recognize a whole host of rights, like the rights to life and bodily integrity, and of free expression and free association, to name a few. These are uncontroversial, core rights. In this paper I explore a question at the boundary of rights, namely, whether morality also recognizes a right against risking, and if it does, what that right consists in. Do persons have a claim that others not treat them in certain risky ways?

Keywords: risk, risking, rights, morality

Suggested Citation

Oberdiek, John, Towards a Right Against Risking (September 18, 2009). Law and Philosophy, Vol. 28, 367-392, 2009. Available at SSRN: https://ssrn.com/abstract=1475345 or http://dx.doi.org/10.2139/ssrn.1475345

John Oberdiek (Contact Author)

Rutgers Law School ( email )

217 North 5th Street
Camden, NJ 08102
United States
856-225-6513 (Phone)

Rutgers, The State University of New Jersey - School of Law - Camden ( email )

217 North 5th Street
Camden, NJ 08102
United States
856-225-6513 (Phone)

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