Losing claims of rights

Journal of Value Inquiry 12 (3):178-196 (1978)
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Abstract

I have contended that acting on some principle and complaining when others act in accordance with the same principle in similar circumstances is morally improper. By wrongdoing one forfeits the right to claim the right (s)he disregards in interacting with others. This is not equivalent to a view that one's acting in a certain way justifies others acting in that way, i.e. that by wrongdoing one forfeits rights (s)he disregards in interacting with others. It may still be morally improper to treat malfeasors in the same way they treat us but, I have argued, they cannot themselves claim a right not to be treated in that way.This analysis of the right to claim rights can help explain the change in moral status of wrongdoers in two important ways. First, if there are some non-forfeitable human rights, the loss of moral standing of one who disregards those rights in others can be explained. Second, and perhaps potentially more important, if having a right implies the right holder's being justified in claiming it, we have a basis for saying all human rights are forfeitable.This second position would require a tightening of the link between the right to X and the ancillary right to claim the right to X. I have not undertaken that burden here. Instead, I argued that the loss of the right to claim is, itself, a significant loss

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Are there any natural rights?Herbert Hart - 1955 - Philosophical Review 64 (2):175-191.
Duties, Rights, and Claims.Joel Feinberg - 1966 - American Philosophical Quarterly 3 (2):137 - 144.
Rights, human rights, and racial discrimination.Richard Wasserstrom - 1964 - Journal of Philosophy 61 (20):628-641.
Natural and inalienable rights.William K. Frankena - 1955 - Philosophical Review 64 (2):212-232.

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