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It is not the case that A right whose exercise is systematically impossible cannot serve as the conceptual foundation for the interest it is meant to protect.
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Reasons For
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Reason for
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1.
Rights can protect interests aspirationally or symbolically even when currently unexercisable, establishing principles for future possibility.
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2.
Systematic impossibility may reflect external barriers, not conceptual problems; the right itself remains valid as a framework for justice.
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3.
A right's foundational value may lie in its ideal statement rather than current exercise—it can ground interests independent of practical feasibility.
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Reasons Against
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Reason against
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1.
Rights function as normative guides for action; systematic impossibility makes them provide no practical guidance for protecting interests.
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2.
A conceptual foundation must do real explanatory work; if exercise is impossible, the right cannot explain why the interest deserves protection.
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3.
Legal and moral systems should not recognize formal protections that cannot be meaningfully instantiated in practice by any actual agent.
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