An Approach to Rights: Studies in the Philosophy of Law and by C.P. Wellman

By C.P. Wellman

An method of Rights includes fifteen formerly released yet regularly inaccessible papers that jointly express the advance of 1 of the extra very important modern theories of the character, grounds and useful implications of rights. In an extended retrospective essay, Carl Wellman explains what he used to be attempting to accomplish in every one paper, how a long way he believes that he succeeded and the place he failed. hence the writer presents a severe standpoint either on his personal idea and on substitute theories from which he borrows, or that he rejects. those essays establish the issues any sufficient thought of rights needs to remedy, describe the extra believable ideas and weigh the advantages of every. they are going to be of precise curiosity to any reader focused on criminal concept, ethical philosophy or any department of utilized ethics or social coverage within which appeals to rights are often made yet seldom rationally satisfactory.

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This is why I limit my discussion to the grounds of duties and of powers in this paper. The second line of reasoning begins with the observation that moral reasons are only one species of practical reasons. What, then, distinguishes specifically moral reasons from prudential or legal reasons? My hypothesis is that moral reasons are dual-aspect reasons. Just as a legal rule is typically 32 CHAPTER 1 both a reason for anyone subject to the law to act in the prescribed manner and for a court to react in certains ways to anyone who disobeys the rule, so a moral reason is both a reason for some agent to act in some manner and for others to react in certain ways to any agent who fails to do so.

Can effectuate such changes in the moral situation. Now if the ultimate grounds of any moral duty are a pair of utilities, then the exercise of the power of creating or extinguishing any moral duty must somehow change the relevant values or disvalues. My hypothesis is that this could be explained by the way in which these actions change the personal relationship between the possessor of any power and the second party affected by the exercise of that power. Whether this plausible but very speculative hypothesis is true depends upon whether the kind of stories I tell in this paper and elsewhere are SEEKING A THEORY OF RIGHTS 33 typically true.

These civic rights are fundamental moral rights one has as a citizen and that hold, not against all governments, but against only one's own state. I was using the term 'citizen' in a wide rather than a narrow sense to refer to any member of a society, anyone residing within the territory controlled by some government and subject to the political and economic institutions of the society. Hence, resident aliens as well as residents with the full legal rights of citizenship possess these fundamental moral rights, although tourists and visitors do not.

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