Are rights really so wrong? A response to Nigel Biggar’s What’s Wrong with Rights

In my response to Nigel Biggar’s book What’s Wrong with Rights, I argue that an epidemic of rights-fundamentalism does not require the complete rejection of all rights language. Rather, it is possible to use rights language in a way that reconceptualizes and broadens our understanding of duty, and a...

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Bibliographic Details
Main Author: Kincaid, Elisabeth Rain (Author)
Format: Electronic Article
Language:English
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Published: SAGE Publishing 2021
In: Anglican theological review
Year: 2021, Volume: 103, Issue: 4, Pages: 416-422
Further subjects:B Ethics
B Rights
B Vitoria
B law and theology
B Moral Theology
Online Access: Volltext (lizenzpflichtig)
Description
Summary:In my response to Nigel Biggar’s book What’s Wrong with Rights, I argue that an epidemic of rights-fundamentalism does not require the complete rejection of all rights language. Rather, it is possible to use rights language in a way that reconceptualizes and broadens our understanding of duty, and advances our moral discourse and growth in virtue, rather than hindering it. To demonstrate this point, I contrast Biggar’s example of a problematic ruling by the Canadian Supreme Court with a more thoughtful and nuanced approach to rights language demonstrated by a series of cases on free speech in schools issued by the U.S. Supreme Court. I also offer a re-reading of Francisco de Vitoria’s development of rights language to argue that his presentation of rights overcomes many of Biggar’s critiques.
ISSN:2163-6214
Contains:Enthalten in: Anglican theological review
Persistent identifiers:DOI: 10.1177/00033286211025955