Group Rights and Group Agency*

On some theories of rights, such as the Choice theory, only agents can have moral rights. The realm of right-holders thus excludes several potential candidates, among which are young children, mentally incapacitated persons, and groups since these are thought to lack the required degree of agency. T...

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Bibliographic Details
Main Author: Preda, Adina (Author)
Format: Electronic Article
Language:English
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Published: Brill 2012
In: Journal of moral philosophy
Year: 2012, Volume: 9, Issue: 2, Pages: 229-254
Further subjects:B group rights
B Agency
B Responsibility
B collective choice
B Choice theory of rights
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Summary:On some theories of rights, such as the Choice theory, only agents can have moral rights. The realm of right-holders thus excludes several potential candidates, among which are young children, mentally incapacitated persons, and groups since these are thought to lack the required degree of agency. This paper argues that groups can be right-holders. The argument comes in three steps: first, it is argued that full-blown or autonomous agency is not required for the possession of Choice theory rights, second, that groups can be seen as agents, albeit in a limited sense, and third, that groups can make irreducibly collective choices in spite of their limited agency. The upshot of this argument is that groups can have rights, provided that they are organized around a coherent decision-making procedure; furthermore, this account can be employed to argue that other creatures of limited agency are possible right-holders.
ISSN:1745-5243
Contains:Enthalten in: Journal of moral philosophy
Persistent identifiers:DOI: 10.1163/174552412X625736