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Legal Rights and Moral Rights: Old Questions and New Problems*
Author(s) -
SEN AMARTYA
Publication year - 1996
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1996.tb00233.x
Subject(s) - perspective (graphical) , moral rights , context (archaeology) , human rights , politics , political science , law and economics , sociology , civil rights , fundamental rights , law , independence (probability theory) , social rights , paleontology , statistics , mathematics , intellectual property , artificial intelligence , computer science , biology
. The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of poor countries with the problem of fast population growth. He argues that a coherent goal‐rights system which accommodates rights among others goals, can overcome the non‐consequential arguments and justify the force of moral rights fully within a consequentiality perspective.