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Why it is disrespectful to violate rights : contractualism and the Kind-Desire Theory

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Schaab_2017_Rights_PhilosStudies_CC.pdf (466.1Kb)
Date
01/2018
Author
Schaab, Janis David
Keywords
Contractualism
Rights
Kind-Desire Theory
Respect
Dignity
Second-person standpoint
BC Logic
T-NDAS
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Abstract
The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are (e.g., their well-being), how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features.
Citation
Schaab , J D 2018 , ' Why it is disrespectful to violate rights : contractualism and the Kind-Desire Theory ' , Philosophical Studies , vol. 175 , no. 1 , pp. 97-116 . https://doi.org/10.1007/s11098-017-0857-x
Publication
Philosophical Studies
Status
Peer reviewed
DOI
https://doi.org/10.1007/s11098-017-0857-x
ISSN
0031-8116
Type
Journal article
Rights
Copyright The Author 2017. This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
Description
This work was developed with the financial support of the German Academic Exchange Service and the St Andrews/Stirling Philosophy Graduate Programme.
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  • University of St Andrews Research
URI
http://hdl.handle.net/10023/10068

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