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Jean Thomas

“A Model of Rights”

Abstract: Rights theory has become an increasingly fragmented affair. Legal rights, moral rights, human rights, constitutional rights, and private law rights have been, increasingly, conceptualized separately. This raises the questions of whether there is, in fact, an analytic account of rights that can be said to underlie these various uses, and, if so, what that might look like. In this paper I outline such a general model of rights. I first articulate some desiderata for theorizing normative concepts of this kind. I then argue that rights are best understood in terms of an analytically thin model comprising three normative elements: value, constraint, and the right’s relational context.

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Date(s) - November 27, 2015
3:30 pm - 5:00 pm

McMaster University, Kenneth Taylor Hall 109


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