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Questions and Answers
Rights are always directly correlated with duties.
Rights are always directly correlated with duties.
False
Raz argues that rights should be construed as having a strict relationship between rights and duties.
Raz argues that rights should be construed as having a strict relationship between rights and duties.
False
Mathew Kramer suggests abandoning Hohfeldian's framework to accommodate the dynamic character of rights.
Mathew Kramer suggests abandoning Hohfeldian's framework to accommodate the dynamic character of rights.
False
An abstract right can only be correlated with a single concrete duty.
An abstract right can only be correlated with a single concrete duty.
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Hohfeldian approach characterizes the right to park a car as solely a privilege to use the space.
Hohfeldian approach characterizes the right to park a car as solely a privilege to use the space.
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According to Hohfeldian existence conditions, a right to park a car requires that someone has a directed duty to refrain from using the space.
According to Hohfeldian existence conditions, a right to park a car requires that someone has a directed duty to refrain from using the space.
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The Hohfeldian approach emphasizes the importance of undirected duties in defining rights.
The Hohfeldian approach emphasizes the importance of undirected duties in defining rights.
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According to the Hohfeldian approach, rights are tied to important values.
According to the Hohfeldian approach, rights are tied to important values.
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Directed duties do not foreground a particular person in the reasoning of the duty bearer.
Directed duties do not foreground a particular person in the reasoning of the duty bearer.
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The Hohfeldian approach suggests that human rights are genuine rights.
The Hohfeldian approach suggests that human rights are genuine rights.
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Non-Hohfeldian approaches can clearly individuate rights through directed duties.
Non-Hohfeldian approaches can clearly individuate rights through directed duties.
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The extended Non-Hohfeldian form does not involve the foregrounding of a particular person in the presence of a human right.
The extended Non-Hohfeldian form does not involve the foregrounding of a particular person in the presence of a human right.
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Certain socioeconomic human rights held against impoverished governments entail directed duties for the relevant governments.
Certain socioeconomic human rights held against impoverished governments entail directed duties for the relevant governments.
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Human rights that are genuine rights and those that are not will share a distinctive role as protectors of aspects of an individual sufficient on their own before others are considered.
Human rights that are genuine rights and those that are not will share a distinctive role as protectors of aspects of an individual sufficient on their own before others are considered.
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Human rights that are not genuine rights do not play the Rawlsian role of protecting the 'separateness of persons'.
Human rights that are not genuine rights do not play the Rawlsian role of protecting the 'separateness of persons'.
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According to the Hohfeldian Claim, any right with a certain content must correlate with an undirected duty.
According to the Hohfeldian Claim, any right with a certain content must correlate with an undirected duty.
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Rights need to entail directed duties according to John Tasioulas.
Rights need to entail directed duties according to John Tasioulas.
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Non-Hohfeldian Claim asserts that a given right must be the ground for a changing set of undirected duties owed to the right holder and perhaps to others.
Non-Hohfeldian Claim asserts that a given right must be the ground for a changing set of undirected duties owed to the right holder and perhaps to others.
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If the non-Hohfeldian individualistic approach is correct, the only way to individuate human rights is by the specific right itself.
If the non-Hohfeldian individualistic approach is correct, the only way to individuate human rights is by the specific right itself.
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Directed duties do not imply a specific person in the reasoning of the duty bearer.
Directed duties do not imply a specific person in the reasoning of the duty bearer.
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The justificatory source of the duties is irrelevant in individuating human rights according to the non-Hohfeldian individualistic approach.
The justificatory source of the duties is irrelevant in individuating human rights according to the non-Hohfeldian individualistic approach.
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All human rights have the same justificatory source according to the non-Hohfeldian individualistic approach.
All human rights have the same justificatory source according to the non-Hohfeldian individualistic approach.
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The non-Hohfeldian individualistic approach is concerned with the relationship between duties and normative factors.
The non-Hohfeldian individualistic approach is concerned with the relationship between duties and normative factors.
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The individualistic approach to Human Rights does not generate a form of 'Directedness' or foregrounding.
The individualistic approach to Human Rights does not generate a form of 'Directedness' or foregrounding.
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On the individualistic non-Hohfeldian extended account, human rights are individuated by their directed duties.
On the individualistic non-Hohfeldian extended account, human rights are individuated by their directed duties.
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The Hohfeldian option believes that a particular goal identifies a different human right.
The Hohfeldian option believes that a particular goal identifies a different human right.
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On the individualistic non-Hohfeldian extended account, my human right to education only entails a directed duty to educate me.
On the individualistic non-Hohfeldian extended account, my human right to education only entails a directed duty to educate me.
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The individualistic non-Hohfeldian extended account of Human Rights is similar to the views of Nickel and Tasioulas.
The individualistic non-Hohfeldian extended account of Human Rights is similar to the views of Nickel and Tasioulas.
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My human right to education and my human right to liberty have the same justifying sources.
My human right to education and my human right to liberty have the same justifying sources.
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Study Notes
Rights and Duties
- Rights exist prior to the duties they generate and duties can evolve over time.
- Rights can sometimes exist independently of duties, such as in the case of goals or normative phenomena.
- Dynamic Character: Individuals who argue that rights must correlate with duties are influenced by Raz's concept of "Dynamic Character".
Hohfeldian Framework
- Raz critiques the Hohfeldian perspective by stating that rights and duties need not have a strict correlation.
- Mathew Kramer defends the Hohfeldian framework, suggesting it is still applicable to understanding the dynamic nature of rights.
- An abstract right can include multiple concrete rights, each associated with specific duties (e.g., the right to live can include the right to a dialysis machine).
Existence Conditions of Rights
- The Hohfeldian approach characterizes rights based on specific privileges and claims, e.g., the right to park in a purchased space includes the privilege to use it and the claim to unimpeded access.
- Rights under the Hohfeldian framework require correlative directed duties, such as the absence of a duty to refrain from using the space.
Genuine Rights and Human Rights
- Genuine rights are characterized by directed duties that specifically identify a duty bearer.
- Human rights may not always be genuine if they involve undirected duties which do not focus on a particular individual.
- Non-Hohfeldian approaches struggle to clearly delineate rights as they often separate them from directed duties.
Socioeconomic Rights
- Socioeconomic rights claimed against impoverished governments often entail undirected duties or no actual duties from those governments.
- The extension of the individualistic approach suggests that human rights serve as protections of individuals even if they are not categorically genuine rights.
Implications of Hohfeldian vs Non-Hohfeldian Approaches
- Hohfeldian claims assert that rights must correlate with directed duties for genuine existence.
- Non-Hohfeldian claims imply that rights can ground a changing set of directed duties without necessitating direct correlations with specific duties.
Individualistic Justification of Human Rights
- Individualistic justifications highlight the importance of the source of duties associated with human rights to distinguish them from one another.
- Differing sources of justification can differentiate human rights, even if some rights do not entail directed duties.
Examples and Conclusions
- An example of an undirected duty might be the ethical obligation not to destroy planets, lacking a specific duty bearer.
- The individualistic non-Hohfeldian approach emphasizes that human rights are identified by their justificatory grounds.
- Even without direct duties, the human right to education differs from the right to liberty because of its unique source of justification.
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Description
This quiz explores the relationship between socioeconomic rights and government duties, examining the implications of human rights on policy goals and government responsibilities. Assess your understanding of the complex dynamics between human rights and government obligations.
