ABSTRACT

In the first part of this chapter the value view is contrasted with alternative conceptions of rights, and in particular with consequentialism, contractarianism and Raz’ version of the benefit theory (here called the “individual benefit theory“). An attempt is made to show why the value view is preferable to all of these alternatives. In the second part a number of objections to the value view are confronted and replies are offered. Among the most notable worries are that the value view cannot account for rights that presuppose a social context and that it cannot account for the specially compelling nature of rights. It also noted, however, that the value view leaves important questions unanswered and that we can only find these answers if we say something about the grounds of our rights.