Answering the Conventionalist Challenge to Natural Rights Theory

Res Publica 27 (3):329-345 (2020)
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Abstract

Ben Bryan argues that the strongest challenge to natural rights theory is to explain how it overcomes the Problem of Authority. Given that our natural rights are multiply realisable by a range of equally reasonable social conventions, how or why ought one particular realisation have authority? I argue that Thomistic and Kantian solutions to this problem do not count as solutions from natural rights theory, and therefore offer my own solution. When theories of natural rights describe the rights we have in terms that refer not only to moralised act-types, but rather, tell us which non-moralised act-types ought to be moralised in the relevant way, they avoid the Problem of Authority altogether. Such theories of natural rights are singularly realisable at the level of regulative conventional rules, and only multiply realisable at the level of constitutive conventional rules. The latter form of multiple realisability does not raise the Problem of Authority.

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Billy Christmas
King's College London

Citations of this work

Ownership and convention.Shaun Nichols & John Thrasher - 2023 - Cognition 237 (C):105454.

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References found in this work

The Impossibility of Republican Freedom.Thomas W. Simpson - 2017 - Philosophy and Public Affairs 45 (1):27-53.
Left‐Libertarianism: A Review Essay.Barbara H. Fried - 2004 - Philosophy and Public Affairs 32 (1):66-92.
Game Theory and “Convention‘.Margaret Gilbert - 1981 - Synthese 46 (1):41 - 93.
Performatives are statements too.Kent Bach - 1975 - Philosophical Studies 28 (4):229 - 236.

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