ABSTRACT

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first—the value view of rights—argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons’ rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.

part I|73 pages

The Value View

chapter 1|16 pages

The Value View—the Basics

chapter 2|34 pages

The Components of a Claim

chapter 3|21 pages

In Defense of the Value View

part II|96 pages

The Agency View

chapter 4|12 pages

The Agency View—the Basics

chapter 5|9 pages

The Components of Owing

Exclusionary Reasons and Relationality

chapter 6|16 pages

How Agency Generates Rights

chapter 7|22 pages

The Strength of Claims (and Rights)

chapter 8|21 pages

The Moral Significance of Rights

chapter 9|14 pages

Losing Rights

part III|72 pages

Exercise-Based Rights

chapter 10|20 pages

Exercise-Based Rights—the Very Idea

chapter 11|50 pages

Exercise-Based Rights—Why Accept Them?