Volume 29, Number 1
November 2024
DISCUSSION

In Defense of Claim Rights

Volume 29, Number 1, November 2024, Pages 140–150
https://doi.org/10.26556/jesp.v29i1.3590
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Abstract

The claim-right model of rights contends that Hohfeldian “claim-rights” defined in terms of a constitutive correlativity with directed duties mark a distinctive phenomenon encompassing paradigmatic moral rights. Recent criticisms suggest this traditional model faces a dilemma: any plausible specification (1) is extensionally or explanatorily inadequate or (2) cannot serve a distinct normative purpose intended by those invoking rights. This work defends the claim-right model against this line of critique. It demonstrates that proper understandings of the extensional/explanatory adequacy criteria and the intended taxonomic role claim-rights are meant to fulfil dissolve the apparent dilemma and support the model.
Copyright © 2024 Michael Da Silva
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license.
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