Meaningful and meaningless rights proclamations

Jurisprudence 13 (4):545-568 (2022)
  Copy   BIBTEX

Abstract

Rights proclamations are often alleged to be meaningless – ‘nonsense upon stilts’. But what makes a rights proclamation meaningful? In general, I argue, meaningful rights proclamations presuppose the existence of both a duty – directed from some party to another – and an interest whose protection is at least a non-redundant element in the justification of why the duty exists. Further conditions of meaningfulness apply for specifically moral rights proclamations. Here, the interest must be of such moral relevance to ground, by itself, the duty and the duty must be demonstrably compatible with other mandatory components of morality. Neither of these conditions applies to rights proclamations in the legal realm. For a legal right proclamation to be meaningful, it is sufficient that there is or there ought to be, in the legal community at stake, a legal obligation whose justification includes, as a non-redundant element, the interest of some party.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,672

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

The Philosopher's Baedeker: Wittgenstein's Tractatus as Guidebook.Kevin MacNeil - 2017 - Philosophical Investigations 40 (4):350-369.
Responses to 'meaningful' and 'meaningless' sounds.R. C. Davis - 1948 - Journal of Experimental Psychology 38 (6):744.
Why there is Something rather than Nothing. [REVIEW]J. F. Bannan - 2006 - Review of Metaphysics 59 (3):679-680.
Education and a Meaningful Life.John White - 2009 - Oxford Review of Education 35 (4):423-435.
Meaningful and meaningless suffering.Sami Pihlström - 2019 - Human Affairs 29 (4):415-424.
Kant and the problem of Meaningfulness or Meaningless of Metaphysics.Masoud Omid - 2016 - Philosophical Investigations 10 (19):93-113.
Kant and the problem of Meaningfulness or Meaningless of Metaphysics.Masoud Omid - 2016 - Journal of Philosophical Investigations at University of Tabriz 10 (19):93-113.
Living a directed life.William O'Chee - 2006 - Philosophical Practice 2 (3):153-165.
Human Rights.João Cardoso Rosas - 2008 - Proceedings of the Xxii World Congress of Philosophy 11:93-100.
Cross Cultural Perspectives on Dignity, Bioethics, and Human Rights.María Isabel Cornejo-Plaza & Darryl Macer - 2016 - Eubios Journal of Asian and International Bioethics 26 (3):90-94.

Analytics

Added to PP
2022-06-21

Downloads
23 (#678,765)

6 months
12 (#209,539)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Giulio Fornaroli
Jagiellonian University

References found in this work

Metaphysical Dependence: Grounding and Reduction.Gideon Rosen - 2010 - In Bob Hale & Aviv Hoffmann (eds.), Modality: metaphysics, logic, and epistemology. Oxford University Press. pp. 109-135.
In Defence of Intelligible Reasons in Public Justification.Kevin Vallier - 2016 - Philosophical Quarterly 66 (264):596-616.

Add more references