Abstract

Civil rights are individual entitlements that protect a variety of interests and freedoms that have special significance in the context of civil society, such as antidiscrimination rights, rights of free speech and religious exercise, and rights of criminal due process. It has been said that civil rights are the rights that a person has in virtue of membership in society. This aphorism is helpful to an extent but fails to capture the concept of civil rights insofar as it represents a normative ideal. Civil rights are not reducible to the positive rights actually recognized by a state or implicit in its institutions. Civil rights are rights that protect the individual dignity of a society's members, guaranteeing equal access to its central institutions. Civil rights, properly conceived, are entitlements that collectively constitute free and equal membership in a civil society.

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