Lo spazio dei diritti nelle teorie morali. Ricerche normative

Abstract

In this work I will evaluate the functions of rights within the moral discourse, and I will point out the benefits and the characteristics of a moral theory that takes rights seriously. In the first chapter I will sketch a definition of rights as a moral category that can be distinguished from categories such as the ones of juridical rights and natural rights. In the second chapter, I will propose a hohfeldian analysis of the normative syntax of rights, and I will focus on the key problem of the relation between rights and duties. The issue I will deal with in the third chapter is the general function of specific rights. On this matter I will draw an hybrid solution between the orthodox proposals of the so-called interest and choice theories, and the more recent approaches provided by the past ten years literature. In the fourth and fifth chapters topics such as the conflict of rights, their violations and infringements will allow me to go deeper in the context and premises of the model of moral theory that I will take into account in the last section of this work. In the sixth chapter I will give an answer to the central questions of this research, and I will also provide a general model of abstract rights, by shading light on their original normative functions. I will use this model to investigate the possibility of justifying a moral theory on its ground, and I will compare this kind of theory with other theories structured upon different categories of normative objects – like duties and goals

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Pierfrancesco Biasetti
Leibniz Institute of Zoo and Wildlife Research, Berlin

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References found in this work

The limits of morality.Shelly Kagan - 1989 - New York: Oxford University Press.
Political Obligations.George Klosko (ed.) - 2005 - Oxford University Press.
On the genuine queerness of moral properties and facts.Richard T. Garner - 1990 - Australasian Journal of Philosophy 68 (2):137 – 146.
A refutation of morals.John Mackie - 1946 - Australasian Journal of Psychology and Philosophy 24 (1-2):77-90.

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