Abstract

Available from UMI in association with The British Library. Requires signed TDF. ;The language of rights has become highly respectable in Church circles and in the works of Christian ethicists, especially since the end of the Second World War. The literature on this subject is immense, yet much of this writing avoids the basic analytical issues presented by this form of moral language. This thesis begins with the conviction that theologians can learn a good deal about the value of the language of rights from recent literature on the subject in moral philosophy and in jurisprudence or legal philosophy. ;Once one begins to study the analytical issues connected with the language of rights, one is confronted with the possibility of a radical scepticism regarding its value. Thus, the opening chapters of this work attempt to show forth this scepticism and to overcome it. In doing so one is challenged to clarify the concept of rights with the help of various useful distinctions, e.g. between 'human rights' and 'special moral rights', 'mandatory' and 'discretionary' rights; and a 'cluster' of legal concepts borrowed from Wesley Hohfeld and applied in the moral sphere: 'Claims', 'liberties', 'powers' and 'immunities'. These clarificatory distinctions help to overcome scepticism and provide a flexible form of moral language, useful both to philosophers and theologians. ;If philosophy is the 'handmaid of theology' in helping analyse and clarify the language of Christian ethics, it must be recognised that the Christian tradition has much to offer in understanding the proper significance of the human need to claim what is due. Although this thesis is primarily methodological and metaethical, I insist on uncovering basic normative ethical positions underlying the language of rights. In particular, I stress the Christian understanding of human dignity as the foundation of the language of rights. ;In the second part of my thesis I try to show how the clarification of the language of rights helps in discussing the issues involved in the area of reproductive rights. This includes some analysis of the values associated with human procreation and the normative relationships expressed by the language of rights and duties. The complexity of rights-language is shown in the context of a discussion of controversial subjects, from population control to treatment for infertility