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I have been doing a little
background reading on rights. Here are some
definitions or near definitions of rights from
various authors.
The 19th-century philosopher
J. S. Mill, the most famous utilitarian of his
time, wrote this:
When we call anything
a person's right, we mean that he has a
valid claim on society to protect
him in the possession of it, either by
the force of law, or by that of
education and opinion. If he has what we
consider a sufficient claim, on whatever
account, to have something guaranteed to
him by society, we say that he has a
right to it.....To have a right, then,
is, I conceive, to have something which
society ought to defend me in the
possession of. If the objector goes on
to ask why it ought, I can give him no
other reason than general utility. [John
Stuart Mill, Utilitarianism,
chapter V]
A 20th-century utilitarian, Richard Brandt,
offered this definition of a right:
What normative
affirmation, not making use of the term
"a right," corresponds to the claim we,
now, are normally making when we say "X
has a moral right against Z to do, have,
or enjoy Y," at least when this
expression is taken in its most
important sense:? I suggest the
following: "Some Z -- either individual
or individuals or sovereign body -- has
a strong moral obligation not
overridable by marginal or even
substantial but only by extreme
demands of welfare, both to
refrain from interfering with X's having
or doing or enjoying Y, and to
enable X to do, have, or enjoy
Y; and it is not wrong for X to
feel resentment if he is hurt or
deprived because of the failure of Z to
discharge that obligation...." [Richard
Brandt, Morality, Utilitarianism,
and Rights, p. 197]
Father John Ryan, and early 20th-century
Catholic moral theologian tells us:
A right in the moral
sense may be defined as an inviolable
moral claim to some personal good. When
this claim is created, as it sometimes
is, by civil authority it is a positive
or legal right; when it is derived from
man's "rational nature" it is a natural
right. All rights are means, moral
means, whereby the possessor of them is
enabled to reach some end. Natural
rights are the moral means or
opportunities by which the individual
attains the end appointed to him by
nature. [John Ryan, Economic
Justice: Selections from Distributive
Justice and A Living Wage,
p. 161.]
Richard Wasserstrom writes:
To have a right to
something is, typically, to be entitled
to receive or possess or enjoy it now,
and to do so without securing the
consent of another. As long as one has a
right to anything, it is beyond the
reach or another properly to withhold or
deny it. In addition, to have a right is
to be absolved from the obligation to
weigh a variety of what would in other
contexts be relevant considerations; it
is to be entitled to the object of the
right -- at least prima facie --
without more ado. To have a right to
anything is, in short, to have a very
strong moral or legal claim upon it. It
is the strongest kind of claim that
there is. [Richard Wasserstrom, "Rights,
Human rights, and Racial
Discrimination," Journal of
Philosophy, Vol. 61, No. 20, p.
630]
Joel Feinberg writes:
The distinction
between positive and negative
claim-rights is (perhaps deceptively)
simple. A positive right is a
right to other persons' positive
actions; a negative right is a
right to other persons' omissions or
forebearances. For every positive right
i have, someone else has a duty to do
something; for every negative right
I have, someone else has a duty to refrain
from doing something. [Joel
Feinberg, Social Philosophy, p.
59]
Alan Gewirth, a philosopher who argued that we
are guilty of a contradiction if we deny
certain individual human rights, offers this
introductory remark:
It will be helpful for
understanding this and related aspects
of human rights if we note that the full
structure of a claim-right is given by
the following formula:
A has a right
to X against B by virtue of Y.
There are five main
elements here: first, the Subject (A)
of the right, the person who has it;
second, the Nature of the right;
third, the Object (X) of the
right, what it is a right to; fourth, the
Respondent (B) of the right, the
person or persons who have the correlative
duty; and fifth, the Justifying Basis
or Ground (Y) of the right. [Alan
Gewirth, Human Rights: Essays on
Justification and Applications, p.
2]
Diana Meyers, a philosopher who has argued that an
"adequate moral system" must include inalienable
rights, writes:
A right entitles a person to enjoy
some good if he so wishes, and it requires
others not to interfere with the
right-holder's enjoyment of that good or to
supply it for him on demand. [Diana Meyers,
Inalienable Rights: A Defense, p. 24.
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