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3 - Rights and recognition

Published online by Cambridge University Press:  20 January 2010

Derrick Darby
Affiliation:
University of Kansas
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Summary

I was in bondage in Missouri, too. I can't say that my treatment was bad. In one respect I say it was not bad, but in another I consider it was as bad as could be. I was a slave. That covers it all. I had not the rights of a man.

–Benjamin Miller, Slave Testimony

For many people it is comforting to believe that we have natural rights, ones that come to us by the hand of our creator or by the hand of human nature. But I believe that there are no rights that exist prior to and independent of some form of formal or informal social recognition of ways of acting and being treated by a community of persons. Hence insofar as natural rights, human rights, and presocial moral rights are typically understood as having such prior and independent existence, I believe that there simply are no such rights. All rights—moral ones included—are a species of unnatural rights. So contrary to the prevailing view—the dominant versions of which I critically assessed in the previous chapter—whatever rights we do have (if any at all) are bestowed on us by a community of persons.

While possible shortcomings of this view come readily to hand, its virtues are more elusive for readers steadfastly devoted to the prevailing view. I proceed therefore by advancing a political justification for imposing a social constraint on what having moral rights amounts to.

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Publisher: Cambridge University Press
Print publication year: 2009

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  • Rights and recognition
  • Derrick Darby, University of Kansas
  • Book: Rights, Race, and Recognition
  • Online publication: 20 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626616.005
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  • Rights and recognition
  • Derrick Darby, University of Kansas
  • Book: Rights, Race, and Recognition
  • Online publication: 20 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626616.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Rights and recognition
  • Derrick Darby, University of Kansas
  • Book: Rights, Race, and Recognition
  • Online publication: 20 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626616.005
Available formats
×