Theories of Rights

Abstract

The paper is an attempt to present and investigate critically the nature of rights and their role in moral theory. The discussion is divided into two sections: section I discusses the nature of rights and section II investigates the role of rights within moral theory and their relations with other components of moral theory. Section I explores the nature of rights from three different perspectives: their formal or logical structure, their substance, and their special strength and importance in practical reasoning. Section II explores the role of rights in moral theory. The first sub-section asks whether the value of rights is derivative or foundational. The second sub-section investigates the accusation that the discourse of rights promotes a sectarian normative agenda, which is overly individualistic, masculine and Western.

Keywords: Rights, legal theory, moral theory