Psychology Dictionary of ArgumentsHome
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Christopher W. Morris on Natural Justice - Dictionary of Arguments
Gaus I 204 Natural justice/natural rights/Political philosophy/Morris: Natural rights - rights which are held by virtue of the possessor's nature - seem to constrain states by requiring them to secure the consent of the governed. This is, in effect, to assume that rights protect choices. It is now common in the literature on rights to distinguish between a) choice (or will) accounts and b) interest (or benefit) accounts. The latter understand rights to be protected interests or benefits, where the former conceive of them as protecting choices. In one case, the correlative duties protect interests or guarantee benefits, in the other the duties (and accompanying powers) protect choices. Consent would effect (limited) alienation or suspension of our rights and thus be a condition of justified state interference. Benefit: However, it may be that our fundamental rights are best construed as protecting interests or benefits. On this interpretation they would not block states, at least as easily as choice-protecting rights. We could then argue that 'to secure these rights, governments are instituted amongst men' and that (the) people may alter or abolish governments that become 'destructive of these rights', without endorsing Jefferson's principle that governments derive 'their just powers from the consent of the governed'. >Law, >Laws, >State, >Society, >Community, >Constitution, >Benefit, >Justice. Morris, Christopher W. 2004. „The Modern State“. In: Gaus, Gerald F. & Kukathas, Chandran 2004. Handbook of Political Theory. SAGE Publications_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Morris, Christopher W. Gaus I Gerald F. Gaus Chandran Kukathas Handbook of Political Theory London 2004 |
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