Rights as Enforceable Claims

Proceedings of the Aristotelian Society 103 (2):133-147 (2003)
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Abstract

Unless rights are claimable, it is sometimes argued, they are no more than rhetorical gestures which mock the poor and needy. But what makes a right claimable? If rights are to avoid the charge of emptiness, I argue, they must be effectively enforceable. But what does this involve? I identify three conditions of enforceability, and four sets of broader circumstances in which these conditions can be met. I discuss the implications of this analysis of rights for multicultural societies, and conclude that the conditions in which appeals to rights are useful are more limited than many contemporary theorists allow

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Sarah James
Brock University

Citations of this work

The Claimability Condition: Rights as Action‐Guiding Standards.Cristián Rettig - 2019 - Journal of Social Philosophy 51 (2):322-340.
A Critique of the Status Function Account of Human Rights.Åsa Burman - 2018 - Philosophy of the Social Sciences 48 (5):463-473.
When Subsistence Rights Are Just Claims and This is Unjust.Alejandra Mancilla - 2019 - Social Philosophy and Policy 36 (2):134-153.
Natural Rights to Welfare.Siegfried Van Duffel - 2011 - European Journal of Philosophy 21 (4):641-664.

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