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What Does it Mean to Have a Right?
Was bedeutet es, Rechte zu haben?
[journal article]
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