ABSTRACT
This chapter explores the way in which demands are classified as instances of more fundamental rights. It argues that the classification of a demand X as a derivative right depends upon the reasons supporting the demand. The chapter focuses on the arguments used in the debate over the regulation of speech and argues that these arguments are premised on the presupposition that the characterization of a demand as a right is based on the reasons underlying this demand. Advocates of regulating pornography often use one of two arguments. Intrinsic reasons are the reasons by virtue of which a demand is classified as a right. They should, however be divided into two categories: primary and secondary intrinsic reasons. The protection of demands which are classified as rights is influenced both by intrinsic and by extrinsic reasons. Both types of reasons contribute to the degree to which specific demands should be protected.
