What Is Wrong with a Rights-based Approach to Morality?. Issue 1 (June 2019)

• Record Type: Journal Article
• Authors: Kapoor, Rajesh
• Is Part Of: Journal of National Law University Delhi. Volume 6:Issue 1(2019)
• Page Start: 1
• Page End: 11
• Publication Date: 2019-06
• Subjects: Rights -- morality -- community -- individualism -- care -- compassion; Law -- India -- Periodicals; Law -- Periodicals; 340.0954
• DOI: 10.1177/2277401719870004
• Languages: English
• ISSNs: 2277-4017

Abstract

There is a prominent streak of scholarship in moral and political philosophy which espouses the idea that morality is rights based. In this article, I argue that such an approach not only undermines but also operates against a range of other morally significant human relationships and attitudes such as community, solidarity, care, compassion and benevolence, which play an important role in our lives. The concept of rights is a product of historical circumstances, and it risks turning morality upside down if it encourages self-righteous claims. The notion of rights can be a constituent element of morality, but the entire moral phenomenon cannot be just rights based, and rights and duties need to remain balanced.