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6 J. Nat'l L. U. Delhi 1 (2019)

handle is hein.journals/jrnludel6 and id is 1 raw text is: Article W hat Is W rong with a Journal of National Law University Delhi Rights-based Approach 6(')'-'',2019 E F @ 2019 National Law to Morality? University Delhi Reprints and permissions: in.sagepub.com/journals-permissions-india DOI: 10.1177/2277401719870004 journals.sagepub.com/home/inl Rajesh Kapoor' ©SAGE 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, solidar- ity, 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 can- not be just rights based, and rights and duties need to remain balanced. Keywords Rights, morality, community, individualism, care, compassion Introduction The idea of rights has become so pervasive in the present age that some writers have termed it the age of rights.' Almost every human act and quest ranging from education to environment and sex to spiritualism is talked about, trans- lated, measured and understood in the terminology of rights. People claim not only a right to life but to die also. Not only a right to development, but to do wrong also.2 Not only a right to food but even a right to pornography.3 The NORBERTO BOBBIO, THE AGE OF RIGHTS (1996); LoUis HENKIN, THE AGE OF RIGHTS (1996). 2 Jeremy Waldron, A Right to Do Wrong, in THEORIES OF RIGHTS 21-39 (C. L. Ten ed., 2006). 3 Ronald Dworkin, Is There a Right to Pornography, in THEORIES OF RIGHTS 177-212 (C. L. Ten ed., 2006). ' NALSAR University of Law, Hyderabad, Telangana, India. Corresponding author: Rajesh Kapoor, Room No. 30 Academic Block, NALSAR University of Law, Justice City Shameerpet, Medchal District, Hyderabad, Telangana 500101, India. E-mail: rajeshkapoor@nalsar.ac.in

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