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Mark Schranz

PHL370 Lecture #2 th Jan 9 Different Kinds of Rights - there are a number of different kinds of things we seem to mean when we say that we ‘have a right to do something’ - each of these kinds of utterances has a different shape (or internal structure) o different parties involved, do different things What is the right to free speech? - the multiple meanings of right can be observed even with respect to a supposedly singular right, such as the right to free speech (with respect to a particular issue) o 1. A is legally entitled to say whatever they want with respect to issue X, but so long as B does A no criminal wrong, B can do whatever B wants to prevent A from effectively expressing their opinion o 2. A is legally entitled to say whatever they want about X and B is legally barred from preventing A from speaking about X o 3. same as 2, but in addition there is no one that has the ability to relax the legal barriers preventing B from interfering with A’s speech o 4. same as 2, but in addition C has the ability to relax the legal restrictions on B o 5. A has the right to say what they want about X, but D has the right to create a legal block against A speaking about X whenever D wants Contractual Rights - contractual rights can be even more difficult to figure out o 1. Bob hires SuperLawn to cut his grass for Summer 2013  what if they do a shitty job? o 2. Jane hires Bert to take care of her cat while she is out of town  if he does not feed the cat for 4 days, who has he done wrong (break duty) to? – law will say not done wrong to the cat, but only to Jane because the contract is with Jane  what if Bert had to take care of Jane’s son, not cat – the son is harmed insofar Bert did not do what he was supposed to • but the son is not harmed (no legal wrong – according to law) • debate between interest and will theory • interest theory: but the son’s rights were violated as well because he was harmed (neglect, etc.) • will theory: it’s obvious that Jane’s rights were violated, only hers because it is a contract between HER Some Lessons - right has a number of different me
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