The Journal of Ethics 6 (1):63-86 (2002)
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Abstract |
The received view in Thomas Hobbes scholarship is that theindividual rights described by Hobbes in his political writings andspecifically in Leviathan are simple freedoms or libertyrights, that is, rights that are not correlated with duties orobligations on the part of others. In other words, it is usually arguedthat there are no claim rights for individuals in Hobbes''s politicaltheory. This paper argues, against that view, that Hobbes does describeclaim rights, that they come into being when individuals conform to thesecond law of nature and that they are genuine moral claim rights, thatis, rights that are the ground of the obligations of others to forebearfrom interfering with their exercise. This argument is defended againstboth Jean Hampton''s and Howard Warrender''s interpretations of rights inHobbes''s theory. The paper concludes that the theory of rightsunderlying Hobbes''s writing is not taken from Natural Law but isprobably closer to a modern interest theory of rights.
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Keywords | claim rights individual rights liberty rights rights Thomas Hobbes transferred rights |
Categories | (categorize this paper) |
Reprint years | 2004 |
DOI | 10.1023/A:1015875902334 |
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References found in this work BETA
Retained Liberties and Absolute Hobbesian Authorization.Andrew I. Cohen - 1998 - Hobbes Studies 11 (1):33-45.
Citations of this work BETA
On the Normative Consequences of Virtue and Utility Friendships in Aristotle.Daniel Simão Nascimento - 2017 - Revista Latinoamericana de Filosofia 43 (2):263-284.
Boa-fé E validade dos contratos em Hobbes: Uma interpretação a partir de Rawls.Delamar José Volpato Dutra - 2018 - Kriterion: Journal of Philosophy 59 (140):385-408.
É Possível Uma Fundamentação Do Direito Neutra Moralmente? Quatro Modelos Analisados Por Habermas.Delamar José Volpato Dutra - 2017 - Dissertatio 45:73-112.
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