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Lecture 2

Readings Week 2: Donnelly

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Department
Political Science
Course
Political Science 3388E
Professor
Jennifer Mustapha
Semester
Fall

Description
Readings Week Two Donnelly Part 1 BEING RIGHT AND HAVING A RIGHT y Rectitude the right to do of something right or wrong entitlement we typically speak of something someone having a right y Rectitude and entitlement both link right and obligation but in systematically different waysClaims of Rectitude Righteousness y Focus on standard of conduct and draw attention to the duty bearers obligation under that standard y Rights claims focus on the right bearer and hold the duty bearers attention to the right holders special title to enjoy her right y If x is threatened or denied right holders are authorized to make special claims that ordinarily trump utility social policy and other moral or political grounds for action y Rights are not reducible to the correlative duties of those against whom they are held y Rights empower not just benefit those who hold them EXCERSIZING RESPECTING ENJOYING AND ENFORCING RIGHTS y Three major forms of social interaction involving rights 1 Assertive Exercise rights is exercised asserted claims pressed activating the obligations of the duty bearer who either respects the right or violates it in which case he is liable to enforcement action 2 Active Respect the duty bearer takes the right into account in determining how to behave without it ever being claimed We can still talk of the right being respected and enjoyed even though it hasnt been exercised Enforcement procedures are never activated although they may have been considered by the dutybearer 3 Objective Enjoyment rights apparently never entered the transaction neither right holder nor duty bearer gives them any thought We perhaps can talk here about the right being enjoyed Ordinarily we wouldnt say that the right has been respected Neither exercise nor enforcement is in anyway involved y Objective enjoyment must be the norm y Possession paradox having or possessing and not having or not enjoying a right at the same time With the having being particularly important precisely when one doesnt have ity Hobbosian state of Nature rights would never be respected y Only an accidental coincidence of interests or self help enforcement would allow a right holder to enjoy her right
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