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Human Rights and Human Well-Being$
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William Talbott

Print publication date: 2010

Print ISBN-13: 9780195173482

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780195173482.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 November 2019

Security Rights

Security Rights

Chapter:
(p.130) SIX Security Rights
Source:
Human Rights and Human Well-Being
Author(s):

William J. Talbott (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195173482.003.0006

This chapter compares a system of human rights guarantees of security with libertarian natural rights. Security rights are a solution to a collective action problem that would arise in a state of nature with libertarian natural rights, the internal security problem. To be endorsed by the main principle, a solution to that problem requires guarantees of procedural rights, which have no analog in natural rights. The chapter discusses various problems that have been thought to be fatal to consequentialism: (1) the problem of intentionally punishing the innocent, and the related problem of inadvertently punishing the innocent, which is a challenging one for nonconsequentialists; (2) strict criminal liability; and (3) organ harvesting. The discussion of inadvertently punishing the innocent leads to a consideration of the doctrine of double effect. The chapter concludes the chapter with a comparison of his account with Judith Thomson’s trade-off idea, illustrated by the trolley cases.

Keywords:   basic harm, consequentialism, double effect, human rights, libertarianism, natural rights, organ harvesting, procedural rights, punishing the innocent, punishment, security rights, strict liability, Judith Thomson, trolley cases, trade-off idea

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