Abstract

Claiming rights against one another is a perfectly familiar phenomenon. We express the elementary thought you cannot do that to me in a variety of ways. And yet, in spite of the perfect familiarity of this phenomenon, the two standard philosophical theories of rights face notorious difficulties in accounting for it. My aim in this paper is to introduce a distinctive, second-personal account of rights. I will call this the independence theory of rights, the view that rights are specifications of a basic right to independence against another. And I will argue that by taking as basic the second-personal thought you cannot do that to me the independence theory best illuminates the basic phenomenon of having rights against one another.