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Oxford Studies in Political Philosophy Volume 6$
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David Sobel, Peter Vallentyne, and Steven Wall

Print publication date: 2020

Print ISBN-13: 9780198852636

Published to Oxford Scholarship Online: March 2020

DOI: 10.1093/oso/9780198852636.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 16 May 2022

Getting Rights out of Wrongs

Getting Rights out of Wrongs

(p.3) 1 Getting Rights out of Wrongs
Oxford Studies in Political Philosophy Volume 6

Kimberley Brownlee

Oxford University Press

Sometimes, we can gain new moral rights by acting wrongly. Sometimes, we can gain new moral rights (in addition to restitution rights) from other people acting wrongly. This chapter presents a typology of these rights. It then analyses why some wrongs can change the moral ballgame in this way to give us new rights, and other wrongs cannot. The chapter focuses on three factors that are relevant to moral ballgame-changing cases: (1) legitimate expectations; (2) personal investments; and (3) piggybacking on others’ interests. Finally, the chapter examines two ultimately unsuccessful strategies to resist this analysis of wrong-generated rights. The first strategy pertains to the defeasibility of rights. The second strategy pertains to their conditionality.

Keywords:   moral rights, wrongdoing, right to do wrong, defeasibility, conditionality, piggybacking

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