By Eric J Mitnick
This quantity describes and severely assesses the group-differentiated kind of 'right' from inside of analytical, constitutive and liberal conception. The publication extra examines to what volume the group-differentiated type of correct serves to represent facets of human id and no matter if this could be a reason for trouble. The extra special normative paintings complicated within the e-book contextually applies the constitutive figuring out of rights, and the foundations of liberal club to specific examples of group-differentiated citizenship. Such examples variety from slavery and alienage, to extra affirmative classifications, reminiscent of these obvious within the contexts of civil unions and affirmative motion.
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Additional info for Rights, Groups, and Self-invention: Group-differentiated Rights in Liberal Theory
Hart (Oxford: Clarendon Press, 1977), pp. 192–5. ” Joseph Raz, The Morality of Freedom (Oxford: Clarendon Press, 1986), p. 208. 10 The interest theory of rights is discussed in greater detail in the next section. ”11 The first portion of this definition is intended broadly to incorporate an extensive range of views on the capacity of different types of entities to hold rights. 12 But can a fetus bear a right? A person who is comatose? Members of future generations? An animal? 13 The second portion of Raz’s definition, however, is possessed of significantly more substantive content.
The first, associated most closely with the typology of rights developed by Wesley Hohfeld, consists of an effort to enhance conceptual precision of the notion of rights by describing rights as forms of jural relations. ” 40 Indeed, Green frequently attempted to turn his theoretical convictions into political realities, as in his participation in the temperance movement. For instance, one report of a speech given by Green paraphrases him as having said: “In pursuance of this same war against slavery he was now amongst them preaching against the dominion of strong drink, and in some ways he thought they would agree with him that this bondage of strong drink was harder to deal with than negro slavery, because this was a bondage whose victims were scarcely aware of it.
In short, Kantian moral autonomy, like liberal theories of personal autonomy, is a theory fundamentally about human self-direction. But unlike most such theories of personal autonomy, Kantian moral autonomy raises further the question of one’s moral relationship with others. Persons act autonomously, in the 22 Rights, Groups, and Self-Invention “constitutive” comprehends the sense in which an autonomous person is a maximally self-defined person, a person free to the greatest possible extent to constitute one’s self and determine one’s life path.
Rights, Groups, and Self-invention: Group-differentiated Rights in Liberal Theory by Eric J Mitnick