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PHIL41740

Academic Year 2024/2025

Theories of Rights (TCD) (PHIL41740)

Subject:
Philosophy
College:
Social Sciences & Law
School:
Philosophy
Level:
4 (Masters)
Credits:
10
Module Coordinator:
Professor Rowland Stout
Trimester:
Spring
Mode of Delivery:
On Campus
Internship Module:
No
How will I be graded?
Letter grades

Curricular information is subject to change.

The language of moral rights is pervasive both in everyday life and in legal, moral, and political philosophy. They are commonly invoked in support of claims of a certain weight. But there is no philosophical consensus on what rights are, what status or weight they have or indeed who can have rights and what their content would be. This module will tackle some of these questions pertaining to the concept of rights as well as questions about the possible ground of rights, the rights of groups and other potential right-holders, and possible conflicts of rights.

About this Module

Learning Outcomes:

By the end of the module, the students are expected to

• be familiar with theories about the nature of rights and be able to apply them to different cases
• be able to critically examine different ascriptions of rights
• have an understanding of the potentially distinctive role that rights play within a moral theory, which in turn requires understanding the relationship between the deontic and the evaluative

Indicative Module Content:

The first part of the module will examine the foundations of rights, which will then be used in the second, more applied part of the module. We will start by looking at the concept of rights and specifically the different forms of right identified by the legal theorist W.H. Hohfeld, the axiom of correlativity, and the two main philosophical theories about the nature of a right: the choice and the interest theory. We will then examine issues relating to the strength of moral rights and their role within a moral theory, such as conflicts of rights, the relation of rights to utility and/or other values. The second part of the module will look at the content of rights, and specifically contested types of rights or right-holders. Contested right-holders include non-human animals, future generations, and groups while contested types of right include socioeconomic human rights, human rights against social deprivation etc.

Student Effort Hours:
Student Effort Type Hours
Autonomous Student Learning

178

Lectures

22

Total

200


Approaches to Teaching and Learning:
To be supplied by the TCD Lecturer

Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Not applicable to this module.
 

Assessment Strategy  
Description Timing Component Scale Must Pass Component % of Final Grade In Module Component Repeat Offered
Assignment(Including Essay): 2 essays (25% each) worth 50% Week 12 Graded No

50

Yes
Exam (In-person): 1 (2-hour) examination worth 50% Week 15 Graded No

50

Yes

Carry forward of passed components
No
 

Remediation Type Remediation Timing
In-Module Resit Prior to relevant Programme Exam Board
Please see Student Jargon Buster for more information about remediation types and timing. 

Feedback Strategy/Strategies

• Feedback individually to students, post-assessment

How will my Feedback be Delivered?

Not yet recorded.

Peter Jones – Rights
Kramer, M., Simmonds, N. & H. Steiner – A debate over rights
Wenar, L. – ‘Rights’, Stanford encyclopaedia of philosophy