ABSTRACT
The most obvious and elementary distinction to be drawn between uses of the word rights is between cases where it is an ethical term and cases where it functions descriptively, or quasi-descriptively. This chapter discusses the elementary distinction between positive rights and moral rights. It argues that though the notion of a right may have originated in the context of legal discussion, and although one normally has the moral right to have one’s legal rights respected, moral rights in general are not parasitic on the law and may be both characterised and justified independently. The use of ‘right’ in moral argument no doubt has its origin in legal discussion, and may be used in the field of morality to suggest that someone has a moral title as clear and unequivocal as the law is supposed to be. The public weal may provide excellent grounds for bringing a particular law or regulation into existence.
