Meaningful and meaningless rights proclamations

Jurisprudence 13 (4):545-568 (2022)
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Abstract

Rights proclamations are often alleged to be meaningless – ‘nonsense upon stilts’. But what makes a rights proclamation meaningful? In general, I argue, meaningful rights proclamations presuppose the existence of both a duty – directed from some party to another – and an interest whose protection is at least a non-redundant element in the justification of why the duty exists. Further conditions of meaningfulness apply for specifically moral rights proclamations. Here, the interest must be of such moral relevance to ground, by itself, the duty and the duty must be demonstrably compatible with other mandatory components of morality. Neither of these conditions applies to rights proclamations in the legal realm. For a legal right proclamation to be meaningful, it is sufficient that there is or there ought to be, in the legal community at stake, a legal obligation whose justification includes, as a non-redundant element, the interest of some party.

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Giulio Fornaroli
Jagiellonian University

References found in this work

Metaphysical Dependence: Grounding and Reduction.Gideon Rosen - 2010 - In Bob Hale & Aviv Hoffmann, Modality: metaphysics, logic, and epistemology. qnew York: Oxford University Press. pp. 109-135.
In Defence of Intelligible Reasons in Public Justification.Kevin Vallier - 2016 - Philosophical Quarterly 66 (264):596-616.

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