Abstract
On the Status of Rights
Highlights
In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions
With the stipulation that they are constructed under social contracts that aim for equality of application
I suggest that contractualist approaches may even expand the parties who may be allowed rights, something that has significant bearing on the law and practical bioethics
Summary
Some Supreme Court justices make arguments for applying original meanings in legal cases.[3] Conflict over the quantity and status of rights has long been a subject of debate in law and philosophy. The law is steeped in philosophy, though philosophical theories have an often-unacknowledged role This is especially true in cases that navigate difficult bioethical issues. Many philosophers have either argued for or implicitly included human rights in their theories of morality and legality. Moral philosophers do not enjoy such license for epistemological complacency.”[7] Because of the fundamental impact that political and moral philosophy enacted as the law have, this paper considers the origins of both legal and philosophical rights, arguing that rights per se do not exist naturally.
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