Mechanics of Claims in a Statist Theory of Rights
Abstract Alec Walen develops a novel theory of rights based on the mechanics of claims and defends its preferability over the dominant position, i.e., the infringement model. Pace Walen, I argue that the mechanics of claims should not determine the content of rights by itself; otherwise, rights would be too contextual to constitute a stable sphere of autonomy for the right-holders. I further advance a moderate statism of rights, which integrates Walen’s fundamental insight that rights emerge as outputs based primarily on claims as inputs. Specifically, I contend that while moral rights are constituted by reasonable directives duly issued by a legitimate state, the state should determine the contours of rights by balancing all pertinent claims. Finally, I provide a new justification for the infringement model: It enables the state to accommodate certain weighty welfare claims that arise unexpectedly without compromising a stable and secure system of rights.
Authors
- Yuan Yuan (ORCID: https://orcid.org/0000-0002-4400-2724)
Institutions
- University of California San Diego (US)
Publication Details
- Journal
- Journal of Moral Philosophy
- Published
- 2025-08-04
- DOI
- https://doi.org/10.1163/17455243-20254423
- Primary Topic
- Political Philosophy and Ethics
- Type
- article
- Field-Weighted Citation Impact
- 0.00