On Rights, Human Rights, and Property
A Response
Bibliographic Data
| ID | 21497283 |
|---|---|
| Authors | Rowan Cruft (University of Stirling Stirling UK, corresponding author) |
| Year | 2022 |
| Volume | 39 |
| Issue | 2 |
| Pages | 220-232 |
| Publication date | 2022-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Applied Philosophy (JOURNAL) |
| Journal identifiers | ISSN: 0264-3758 • E-ISSN: 1468-5930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/japp.12507 |
| OpenAlex | W3199325722 |
| Language | EN |
| References cited | 7 |
This article responds to papers by Joseph Bowen, Simon May, Zofia Stemplowska, and Nick Sage, focused on my monograph, Human Rights, Ownership, and the Individual (OUP, 2019). The book develops a new account of the nature of rights: as duties governed by ‘addressive’ norms of first‐ and second‐personal thinking. This account has implications for both human rights and property rights. It implies that human rights in law should be founded on pre‐legal moral rights grounded in how they serve the individual right‐holder. And it implies that much property, which is morally grounded only as a system serving collective goods, would be beneficially reconceived in non‐rights terms. The article defends the ‘addressive’ account of rights against Bowen’s and May’s arguments for the rival ‘Interest Theory’, and against May’s circularity charge. In response to Stemplowska (who builds on O’Neill), the article defends the place for pre‐legal moral rights to goods and services as foundations for socioeconomic human rights. In response to Sage, the article defends the view that while human rights are morally grounded for the right‐holder’s sake, most property rights constituting individual wealth in modern markets are not – and this throws doubt on such property's status as a right
Epistemology · Human rights · Intellectual property · International human rights law · Law and economics · Moral rights · Political science · Property rights · Reservation of rights · Right to property · Sociology · Free Will and Agency · Law · Legal principles and applications · Philosophy · Political Philosophy and Ethics
Towards Justice and Virtue
Responsibility and Severe Poverty
Needs, Rights, and Collective Obligations
Human Rights, Ownership, and the Individual
On the Real World Duties Imposed on Us by Human Rights
A Moral Inconsistency Argument for a Basic Human Right to Subsistence
National responsibility and global justice
| Citation velocity | historical |
|---|---|
| Highly cited | No |