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It is not the case that Dworkin argues rights function as 'trumps' against utilitarian calculation, requiring equal weight regardless of deliberative centrality.
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Reasons For
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Reason for
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1.
Rights-as-trumps doctrine provides no principled way to resolve conflicts when multiple fundamental rights collide.
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2.
Absolute rights constraints can produce worse outcomes than modest utilitarian adjustments, harming the very people rights protect.
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3.
Dworkin's equal weight requirement arbitrarily privileges certain rights over others without justifying why dignity requires this absolutism.
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Reasons Against
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Reason against
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1.
Utilitarian aggregation permits systematic oppression of minorities if majority happiness increases sufficiently.
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2.
Rights as trumps protect fundamental human dignity by preventing individuals from being mere means to collective welfare.
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3.
Equal weight for all rights respects persons as moral agents with inviolable interests, not interchangeable utility units.
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