Date: 2014
Type: Article
The reciprocity theory of rights
Law and philosophy, 2014, Vol. 33, No. 3, pp. 281–308[IOW]
RODIN, David, The reciprocity theory of rights, Law and philosophy, 2014, Vol. 33, No. 3, pp. 281–308[IOW] - https://hdl.handle.net/1814/61171
Retrieved from Cadmus, EUI Research Repository
This article provides a explanatory account of a central class of moral rights; their normative grounding, the conditions for their possession and forfeiture, and their moral stringency. It argues that interpersonal rights against harm and rights to assistance are best understood as arising from reciprocity relations between moral agents. The account has significant advantages compared with rivals such as the interest theory of rights. By explaining the differential enforceability of rights against harm and rights to assistance, the reciprocity theory helps to refute an argument made by Cecile Fabre that the poor may have a justification for engaging in war against the affluent to compel them to fulfil their duties of assistance to the poor.
Additional information:
First Online: 13 February 2014
Cadmus permanent link: https://hdl.handle.net/1814/61171
Full-text via DOI: 10.1007/s10982-013-9201-6
ISSN: 0167-5249; 1573-0522
Series/Number: [IOW]
Grant number: FP7/340956/EU
Sponsorship and Funder information:
The research leading to these results has received funding from the European Research Council under the European Union’s Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement No 340956 - IOW - The Individualisation of War: Reconfiguring the Ethics, Law, and Politics of Armed Conflict.
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