Non-individualism, rights, and practical reason

Ratio Juris 21 (1):66-93 (2008)
  Copy   BIBTEX

Abstract

The paper looks at an impasse with respect to the role of rights as reasons for action which afflicts contemporary legal and political debates. Adopting a meta‐ethical approach, it moves on to argue that the impasse arises from a philosophical confusion surrounding the role of rights as normative reasons. In dispelling the confusion, an account of reasons is put forward that attempts to capture their normativity by relating them to a reflexive public practice. Two key outcomes are identified as a result of this explication: first, that normative practices are instances of rule‐following; and second, that agents partaking of normative practices possess absolute value (i.e., acquire the status of persons). In light of this explication, rights acquire the status of the most general reasons that purport to guarantee the content of personhood by specifying and safeguarding conditions which enable agents to participate in public practices of universalisation.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,497

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Practical reason, value and action.Alison Hills - 2007 - Journal of Moral Philosophy 4 (3):375-392.
Formal principles and the form of a law.Andrews Reath - 2010 - In Andrews Reath & Jens Timmermann (eds.), Kant's Critique of Practical Reason: A Critical Guide. Cambridge University Press.
Critique of Practical Reason and Other Works on the Theory of Ethics.Immanuel Kant - 1909 - New York: Barnes & Noble. Edited by Thomas Kingsmill Abbott.
Human Rights, Individualism and Cultural Diversity.Rowan Cruft - 2005 - Critical Review of International Social and Political Philosophy 8 (3):265-287.
Are rights meaningful under socialism?D. F. B. Tucker - 1989 - Critical Review: A Journal of Politics and Society 3 (3-4):554-567.
Legal rights.Pavlos Eleftheriadis - 2008 - New York: Oxford University Press.
In defense of individualism.Eric Mack - 1999 - Ethical Theory and Moral Practice 2 (2):87-115.

Analytics

Added to PP
2009-01-28

Downloads
30 (#537,555)

6 months
8 (#373,162)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

George Pavlakos
University of Glasgow

Citations of this work

No citations found.

Add more citations

References found in this work

Knowledge and its limits.Timothy Williamson - 2000 - New York: Oxford University Press.
Naming and Necessity: Lectures Given to the Princeton University Philosophy Colloquium.Saul A. Kripke - 1980 - Cambridge, MA: Harvard University Press. Edited by Darragh Byrne & Max Kölbel.
Principia ethica.George Edward Moore - 1903 - Mineola, N.Y.: Dover Publications. Edited by Thomas Baldwin.
The sources of normativity.Christine M. Korsgaard - 1996 - New York: Cambridge University Press. Edited by Onora O'Neill.

View all 33 references / Add more references