Rights against the world

Analysis 84 (2):311-319 (2024)
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Abstract

For philosophers, rights against the world are equivalent to rights in rem. Contrary to what Hart thought, however, this does not make them equivalent to general rights. Rights in rem contrast with rights in personam, whereas general rights contrast with special rights. As I explain, rights against the world can be either general rights or special rights. My explanation follows Waldron’s strategy of exhibiting property rights as justified by Locke’s theory of property as a case of rights in rem that are also special rights. Moreover, despite what ‘in rem’ means in Latin, rights against the world include more than property rights. For example, they also include moral human rights. With moral human rights and property rights alike, the correlative duties are borne by ‘everyone’, understood in a dynamic sense I undertake to specify.

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Gopal Sreenivasan
Duke University

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References found in this work

Are there any natural rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
The Right to Private Property.Jeremy Waldron & Stephen A. Munzer - 1992 - Philosophy and Public Affairs 21 (2):196-206.

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