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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    The concept of a right emerged simultaneously with reflec... — Carmelics
    Home/Rights & Liberty
    HistoryEditSee Inverse

    The concept of a right emerged simultaneously with reflective awareness of social norms, not at any later historically traceable point.

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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Even the most primitive social orders must include rules specifying that certain individuals or groups have special permission to perform certain actions.
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    • 2.Even the most rudimentary human communities must have rules specifying that some are entitled to tell others what they must do.
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    • 3.Such rules ascribe rights.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.Awareness of a binding norm or permission does not entail possession of the concept 'right' as a distinct, individuated entitlement held by a subject.
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    • 2.Wittgenstein and Anscombe argue that 'rights-talk' is a specific moral vocabulary that emerged historically, not a conceptual necessity latent in all norm-recognition.
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    • 3.Anthropological evidence from Hohfeld-analyzed pre-modern societies shows duty-frameworks operating coherently without any correlative rights-concept being articulated or implied.
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    Reason against 2 of 2
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    • 1.Michel Villey's historical thesis holds that subjective rights as a concept were invented by Ockham in the 14th century and absent from Roman and Greek legal thought.
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    • 2.If ancient legal systems governed entitlements without the concept of a subjective right, then reflective norm-awareness does not entail rights-concept awareness.
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    • 3.The supporting argument conflates the functional role that rights later came to play with the conceptual apparatus required to recognize that role as rights-bearing.
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    Topics

    Rights & Liberty

    Notable Defenders

    Frances KammcontemporaryKamm 2002, 485
    Japa PallikkathayilcontemporaryPallikkathayil 2016
    Joseph RazcontemporaryRaz 1986

    Related

    Anthropological evidence from Hohfeld-analyzed pre-modern societies shows duty-f...Awareness of a binding norm or permission does not entail possession of the conc...Even the most primitive social orders must include rules specifying that certain...Even the most rudimentary human communities must have rules specifying that some...
    +6 moreShow less
    If ancient legal systems governed entitlements without the concept of a subjecti...Michel Villey's historical thesis holds that subjective rights as a concept were...

    Source

    AI-extracted1/3 agreementValid
    SEP: rights
    View source passageHide passage
    Intellectual historians have disputed the origins of rights. These debates are sometimes framed in terms of when “the concept of a right” emerged. Yet insofar as it is really the emergence of the concept of a right that is at issue, the answer lies beyond the competence of the intellectual historian and within the domain of the anthropologist. Even the most primitive social order must include rules specifying that certain individuals or groups have special permission to perform certain actions.
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Reflective awareness of such social norms entails awareness of the concept of a ...
    Such rules ascribe rights.
    The supporting argument conflates the functional role that rights later came to ...
    Wittgenstein and Anscombe argue that 'rights-talk' is a specific moral vocabular...

    Similar

    Reflective awareness of such social norms entails awareness of the con...90%Legal usage of 'right' is often confusing because the term is applied ...76%The desirability of social enforcement is consequential on the existen...76%If the desirability of social enforcement were constitutive of a right...75%
    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit