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The Moral Magic Problem in Theories of Rights

Year: 2025
Type: article
Abstract: According to a widely accepted thesis, all rights violations wrong the right-holder. According to another widely accepted thesis, rights protect interests. But many conventional rights protect morally trivial interests. Hence, the two theses taken together lead to the puzzling conclusion that one can wrong another by frustrating a trivial interest. In this essay, I first introduce this “moral magic” problem and show why the interest theory of rights has no resources to address it.
Language: English
Subfield: Law
Open Access status: hybrid
Estimated APC paid: $2,712
OpenAlex ID: W4409698368
FWCI:
Cites: 41
Cited by:
Related to: 10