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.

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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
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article

Mechanics of Claims in a Statist Theory of Rights

Yuan Yuan
Journal of Moral Philosophy
Political Philosophy and Ethics
article

Mechanics of Claims in a Statist Theory of Rights

Yuan Yuan
article en

Abstract

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.

Journal of Moral Philosophy
University of California San Diego (US)
Openalex Percentile: Top 76%
Political Philosophy and Ethics
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