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45 J. Value Inquiry 1 (2011)

handle is hein.journals/jrnlvi45 and id is 1 raw text is: J Value Inquiry (2011) 45:1-12 DOI 10.1007/s10790-01 1-9266-0 The Correlativity of Rights and Duties Thomas Magnell Published online: 18 March 2011 © Springer Science+Business Media B.V. 2011 A catalog of rights and duties would have a great number of entries. There are at least as many kinds of rights and duties as there are offices and roles for people and groups of people to take on. We speak of patient rights, passenger rights, and even consumer rights in general. We give thought to parental duties, teaching duties, and, more broadly, on the job duties. We raise our voices over human rights and civil rights. We enforce regulations over fiduciary duties and duties of disclosure. Rights may be individual or corporate, as may duties. Some people have died for rights of conscience and dignity, some for duties to God and country. It would not be altogether surprising if some rights and duties were only loosely related as restraints and demands. But many kinds of rights and duties can be put under the broad headings of ethics, politics, and law. These would seem the natural homes for notions of rights and duties, though by extension we may speak as well of economic, intellectual, and even artistic rights and duties. Substantive features may help to keep the categories distinct, and so legal rights from moral rights, for instance, where moral rights presuppose an institution of morality and legal rights require a system of law. Formal features may play a part in this too. Some formal features of rights and duties can be expected to run across the central categories of ethics, politics, and law, as formal relationships of rights and duties. We will largely focus on ethics and turn to a few of the formal relationships, with one especially that comes to the fore in considering the twin questions: Are there rights without duties? and Are there duties without rights?. As we will see, there are strong reasons to conclude that a formal relationship of correlativity ties every moral right to a moral duty and every moral duty to a moral right. The formal relationship of correlativity holds both for rights and duties that are acquired, and for rights and duties that may be had without acquisition. Challenges to the formal relationship may be mounted against rights and duties whether acquired or not, but T. Magnell (E) Department of Philosophy, Drew University, Madison, NJ 07940, USA e-mail: tmagnell@drew.edu I Springer

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