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What Does it Mean to Have a Right?

Was bedeutet es, Rechte zu haben?
[journal article]

Birnbacher, Dieter

Abstract

This contribution offers an introduction into the language of rights and the role rights play in ethics and law, with special reference to the rights of children. It emerges that there are a number of very different functions characteristic of 'rights talk', both in ethics and law, and that many of ... view more

This contribution offers an introduction into the language of rights and the role rights play in ethics and law, with special reference to the rights of children. It emerges that there are a number of very different functions characteristic of 'rights talk', both in ethics and law, and that many of them offer opportunities for strengthening appeals to moral and legal principles while others involve pitfalls that should be avoided. In conclusion, two of the theoretical questions raised by rights are addressed: whether the concept of rights can be replaced without loss by the concept of obligation, and whether rights should be seen as social constructs derived from obligations, or whether it is more plausible to reverse the order of priority.... view less

Keywords
ethics; children's rights; technical language; jurisprudence; rights and responsibilities

Classification
Law
Philosophy, Ethics, Religion

Document language
English

Publication Year
2009

Page/Pages
p. 128-132

Journal
Intergenerational Justice Review (2009) 4

Issue topic
Children's and Young People's Rights - with a Focus on the Right to Vote

DOI
https://doi.org/10.24357/igjr.4.4.509

ISSN
2190-6335

Status
Published Version; peer reviewed

Licence
Creative Commons - Attribution 4.0


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© 2007 - 2025 Social Science Open Access Repository (SSOAR).
Based on DSpace, Copyright (c) 2002-2022, DuraSpace. All rights reserved.