Rights Lecture One

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What are Legal Rights?
Depends on what laws there are, in principle pretty simple
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What are Moral Rights?
Taken to be anti-consequentialist constraints on promoting collective or individual goods, relation to common-sense?
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What is the Form of Rights?
1. Subjects, 2. Objects, 2. The content of the right
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What is the subject of a right?
The rights-holder, example: competent adult human being, religious groups, animals
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Can only living people be the subject of a right?
Possibly not, eg rights of the dead (Edmund Burke's social contract, requests for one's remains), rights of the unborn (the right to live in a suitable environment)
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What is the object of a right?
The thing that has a duty or requirement to comply with the right, could be individual or group
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Is there limitations on being a rights-object?
Possibly, competence, understanding
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What is the contents of the right?
Some practical option (ie action) on the part of the right-subject or object eg free speech, bodily autonomy
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Who is Wesley Hohfeld?
A legal theorist dissatisfied with discourse on rights and devised his own classification
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What is a popular classification of rights?
Hohfeldian Rights
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What are the four categories of Hohfeldian rights?
Claims, privileges/liberties, powers, immunities
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What is a claim-right?
It always entails a duty: A has a claim that B do some action P iff B has a duty to A to P, ability to claim is not necessary
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What are some distinctions of claim-rights?
Negative rights, positive rights, general rights and special rights
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What are negative rights?
Imply a duty on you NOT to do something
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What are positive rights?
Imply a duty that you MUST do something
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What are general rights?
Rights that occur without you doing anything
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What are special rights?
Rights that you must be 'opted into'
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What are privileges/liberties of a right?
To claim you can do something (right to drink alcohol): A has a liberty right to P if and only if A has a no duty not to P
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What is the difference between a claim right and a liberty?
Whereas claim rights are correlated with duties, liberties are correlated with the absence of duties
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What are the primary rules?
Claims and liberties/privileges
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What are the secondary rules?
Rights about rights, Powers and immunities
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What is the power of a right?
Consider some rights you have that you can waive: formally A has a power iff A has the ability to alter some of her own or other people's Hohfeldian rights
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What is the immunity of a right?
To not have a power right over you: A has an immunity with regard to X and some set of agents S iff S lacks the power to alter A's Hohfeldian rights with regard to X
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What are molecular rights?
A typical right that is made up of a combination of the four Hohfeldian incidents
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What are opposites?
If A has a claim, then A lacks a no claim, privilege then A lacks a duty (not to...), power-disability, immunity-liability
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What are correlatives?
If A has a claim then some person B has a duty, privilege-no claim, power-liability, immunity-disability
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Card 2

Front

What are Moral Rights?

Back

Taken to be anti-consequentialist constraints on promoting collective or individual goods, relation to common-sense?

Card 3

Front

What is the Form of Rights?

Back

Preview of the front of card 3

Card 4

Front

What is the subject of a right?

Back

Preview of the front of card 4

Card 5

Front

Can only living people be the subject of a right?

Back

Preview of the front of card 5
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