Premium
Some Conceptual Aspects of Temporality and the Ability to Possess Rights
Author(s) -
Sreekumar Sandeep
Publication year - 2015
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/raju.12086
Subject(s) - temporality , attribution , relation (database) , unconscious mind , human rights , law and economics , fundamental rights , epistemology , political science , sociology , law , psychology , social psychology , philosophy , computer science , database
Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights‐attributions, rights and duties must be strictly contemporaneous, the interests that rights protect need not temporally coincide with those rights.