Non-domination without Rights?

Abstract

What is the relation between non-domination and rights in the sense of claim-rights? This article argues that this relation is a tight one: rights turn out to be a necessary constituent of non-domination, or they are necessary, in a non-causal sense, for non-domination to come into existence and have its distinctive normative character. In particular, rights are necessary to constitute the following features of non-domination: the authority that non-domination signifies and the respect it demands; the kind of accountability that the non-arbitrariness condition of non-domination demands; and the robustness of non-domination. The article then suggests that rights, even if necessary for non-domination, are not also sufficient. It concludes by illustrating how the protection of rights often supports, rather than contradicts, other republican aims.