Are rights really so wrong? A response to Nigel Biggar’s What’s Wrong with Rights
Bibliographic Data
| ID | 21289982 |
|---|---|
| Authors | Elisabeth Rain Kincaid (0000-0001-6337-186X, Nashotah House Theological Seminary, corresponding author) |
| Year | 2021 |
| Volume | 103 |
| Issue | 4 |
| Pages | 416-422 |
| Publication date | 2021-11-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Anglican Theological Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-3286 • E-ISSN: 2163-6214 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/00033286211025955 |
| OpenAlex | W3175155664 |
| Language | EN |
In my response to Nigel Biggar’s book What’s Wrong with Rights, I argue that an epidemic of rights-fundamentalism does not require the complete rejection of all rights language. Rather, it is possible to use rights language in a way that reconceptualizes and broadens our understanding of duty, and advances our moral discourse and growth in virtue, rather than hindering it. To demonstrate this point, I contrast Biggar’s example of a problematic ruling by the Canadian Supreme Court with a more thoughtful and nuanced approach to rights language demonstrated by a series of cases on free speech in schools issued by the U.S. Supreme Court. I also offer a re-reading of Francisco de Vitoria’s development of rights language to argue that his presentation of rights overcomes many of Biggar’s critiques
Bill of rights · Duty · Fundamental rights · Fundamentalism · Human rights · Political science · Politics · Reading (process) · Sociology · Supreme court · Virtue · Hate Speech and Cyberbullying Detection · Judicial and Constitutional Studies · Law · Law in Society and Culture · Philosophy
| Highly cited | No |
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