Year: 2024
Type: article
Abstract: The claim-right model of rights contends that Hohfeldian "claim-rights" defined in terms of a constitutive correlativity with directed duties mark a distinctive phenomenon encompassing paradigmatic moral rights. Recent criticisms suggest this traditional model faces a dilemma: any plausible specification (1) is extensionally or explanatorily inadequate or (2) cannot serve a distinct normative purpose intended by those invoking rights. This work defends the claim-right model against this line of critique. It demonstrates that proper understandings of the extensional/explanatory adequacy criteria and the intended taxonomic role claim-rights are meant to fulfil dissolve the apparent dilemma and support the model.
Author: Michael Da Silva
Institution: University of Southampton
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404865213