<p>I present and defend what I call the inclusive theory of rights, on which nearly all sets of Hohfeldian privileges, claims, powers, and immunities count as rights, with only a few specified exceptions. This goes against a broad consensus amongst most theorists of rights, according to which only certain sorts of incidents, or only those incidents which have certain substantive qualities, constitute rights. I argue that the reasons for this consensus are far weaker, and the reasons for the inclusive theory are far stronger, than these theorists have taken them to be.</p>

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The Inclusive Theory of Rights

  • Thomas Kirkpatrick

摘要

I present and defend what I call the inclusive theory of rights, on which nearly all sets of Hohfeldian privileges, claims, powers, and immunities count as rights, with only a few specified exceptions. This goes against a broad consensus amongst most theorists of rights, according to which only certain sorts of incidents, or only those incidents which have certain substantive qualities, constitute rights. I argue that the reasons for this consensus are far weaker, and the reasons for the inclusive theory are far stronger, than these theorists have taken them to be.