Neo-Positivism About Rights the Problem with 'Rights as Enforceable Claims'

This paper argues that Susan James' definition of rights as 'enforceable claims' suffers from key faults based in its descriptive approach to a normative and evaluative concept (rights). James cannot explain key and valuable functions of the concept of rights as action-guiding and reason-giving, and some upshots of the view are inconsistent with the reasons one would appeal to rights as a distinctive concept. On her view it is difficult to explain how a right can be violated, given that violation appears to imply lack of effective enforcement.