Legal Rights and Moral Rights: Old Questions and New Problems

Ratio Juris 9 (2):153-167 (1996)
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Abstract

The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of poor countries with the problem of fast population growth. He argues that a coherent goal-rights system which accommodates rights among others goals, can overcome the non-consequential arguments and justify the force of moral rights fully within a consequentiality perspective.

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Amartya Sen
Harvard University

Citations of this work

Patents and Human Rights: A Heterodox Analysis.E. Richard Gold - 2013 - Journal of Law, Medicine and Ethics 41 (1):185-198.
Patents and Human Rights: A Heterodox Analysis.E. Richard Gold - 2013 - Journal of Law, Medicine and Ethics 41 (1):185-198.

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References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
Political Liberalism.John Rawls - 1993 - Columbia University Press.
Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.

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