Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/25298
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Why it is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory (Forthcoming/Available Online)
Authors: Schaab, Janis David
Keywords: Contractualism
Rights
Kind-Desire Theory
Respect
Dignity
Second-person standpoint
Issue Date: 7-Jan-2017
Citation: Schaab JD (2017) Why it is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory (Forthcoming/Available Online), Philosophical Studies.
Abstract: The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are (e.g., their well-being), how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features.
DOI Link: http://dx.doi.org/10.1007/s11098-017-0857-x
Rights: © The Author(s) 2017 This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.

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