The Architecture of Rights: Models and Theories

This book explores the concept of rights, distinguishes between models and theories, and challenges the framework by showing why the theories should be abandoned. It also addresses the various ways that rights can be used and clarifies the differences between rights exercise, enforcement, remedying, and vindication.

Format: Paperback / softback
Length: 305 pages
Publication date: 15 October 2022
Publisher: Springer Nature Switzerland AG

A right is a fundamental concept that encompasses a range of entitlements and freedoms that individuals or groups are entitled to possess or exercise. It is a cornerstone of human rights and serves as a guiding principle for promoting justice, equality, and the well-being of individuals.

The concept of a right is distinct from other features of the normative world, such as duties, standards, rules, or principles. Rights are not merely obligations or expectations that individuals or groups must fulfill; rather, they are intrinsic entitlements that are bestowed upon them by virtue of their humanity or their membership in a particular community.

One of the key distinguishing features of rights is that they are universal and inalienable. This means that they apply to all individuals without exception, regardless of their race, gender, religion, nationality, or any other characteristic. Rights are also indivisible, meaning that they cannot be divided or fragmented without compromising their essence.

Another important aspect of rights is that they are enforceable by legal means. This means that individuals or groups can seek legal remedies or protections if their rights are violated or threatened. Legal rights provide a framework for holding individuals and institutions accountable for their actions and ensuring that they are held responsible for their violations.

Rights serve a variety of purposes, including protecting individuals from discrimination, ensuring access to basic needs such as food, water, and shelter, and promoting social and economic equality. They also serve as a means of protecting individual freedoms and promoting democratic governance.

However, the concept of a right is not without its complexities and challenges. Different senses of "a right" abound, and philosophers and jurists have developed two types of accounts of rights: models and theories. Models of rights provide a descriptive account of the nature and scope of rights, while theories of rights offer an explanatory account of why rights exist and what they are for.

Models of rights can be divided into two main categories: descriptive models and normative models. Descriptive models describe the features and characteristics of rights, such as their nature, scope, and content. Normative models, on the other hand, offer an account of the moral and ethical implications of rights, such as their justifiability and their role in promoting human well-being.

Theories of rights can be divided into two main categories: utilitarian theories and deontological theories. Utilitarian theories argue that rights exist to promote the greatest good for the greatest number of people. Deontological theories, on the other hand, argue that rights exist because they are inherent to the nature of human beings or because they are necessary for the functioning of a just society.

Despite the diversity of accounts of rights, there are some common themes that emerge from these different perspectives. One of these themes is the idea that rights are essential for the protection and promotion of human dignity. Rights provide individuals with the means to assert their autonomy and control over their lives, and they help to ensure that individuals are treated with respect and dignity.

Another theme that emerges from accounts of rights is the idea that rights are universal and inalienable. This means that all individuals are entitled to the same rights, regardless of their background or circumstances. Rights are also indivisible, meaning that they cannot be divided or fragmented without compromising their essence.

However, the concept of a right is not without its critics. Some argue that rights can be used to justify discrimination and oppression, and that they can create a sense of entitlement and privilege that can lead to social and economic inequality. Others argue that rights can be over-emphasized and that they can distract from more pressing social and economic issues.

In conclusion, a right is a fundamental concept that encompasses a range of entitlements and freedoms that individuals or groups are entitled to possess or exercise. Rights are universal and inalienable, and they are enforceable by legal means. They serve a variety of purposes, including protecting individuals from discrimination, ensuring access to basic needs, and promoting social and economic equality. However, the concept of a right is not without its complexities and challenges, and different senses of "a right" abound. Philosophers and jurists have developed two types of accounts of rights: models and theories, which provide different perspectives on the nature and scope of rights. Despite the diversity of accounts, there are some common themes that emerge from these different perspectives, including the idea that rights are essential for the protection and promotion of human dignity and the idea that rights are universal and inalienable.

Weight: 420g
Dimension: 210 x 148 (mm)
ISBN-13: 9783030760410
Edition number: 1st ed. 2021