ABSTRACT

This chapter shows that a conception of human rights requires a view of the social ideal and the good life, and requires a view of the nature of human community. It exhibits how the people think and talk about rights in general, and what the presuppositions of such thought and talk are. The chapter emphasizes the pragmatic side of rights-discourse and establishes some of the contexts in which such discourse can be significantly employed. The analysis of the concept of rights is in part a problem in pragmatics. Rights are always 'possessed' in relation to a community. 'Right' is a forensic term, and all claimings of rights are directed to, and are made in relation to, an audience. Claimability and waivability are related to the problem of whether there are any rights that are inalienable. It may be suggested that this is to be resolved by distinguishing between rights as entitlements and rights as claims.