The Value and Limits of Rights: Essays in Honour of Peter Jones by Ian O'Flynn & Albert Weale Fba

Author:Ian O'Flynn & Albert Weale Fba [O'Flynn, Ian & Fba, Albert Weale]
Language: eng
Format: epub
ISBN: 9781138377882
Goodreads: 45005249
Publisher: Routledge
Published: 2013-08-27T00:00:00+00:00

Rights and individual liberty: liberal and republican perspectives

Seeing rights as somehow intrinsically democratic might be thought to subvert their aforementioned ‘traditional political purpose’ as identified by Jones (1994): that of telling ‘those who wield political power what they may and may not do’ (p. 222). However, that perception arises from aligning that ‘traditional’ understanding of the function of rights with the liberal conception of liberty as non-interference. By contrast, when that purpose is linked to the republican conception of liberty as non-domination – a view that more accurately accords with the nature of rights claims as delineated above – then democracy emerges as a necessary, even if not always a sufficient, condition for its realization. Moreover, whereas Jones aligns the liberal view of natural rights in the ‘strong’ anti-political sense with Locke (pp. 72, 75) it is the republican tradition that is arguably closer to the ‘Lockean’ programme (Pettit 1997, p.40).

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