Document Type

Article

Publication Date

1-1-2012

Keywords

Rights, Rights theory, Right to do wrong, Moral rights, Autonomy

Disciplines

Legal History, Theory and Process

Abstract

Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder's wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one's violation of one's own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition for an autonomous life and for autonomous moral self-constitution. This view has its critics. Responding to these objections reveals that none refute the coherence of the concept of a 'moral right to do moral wrong.' At most, some objections successfully challenge the weight and frequency of the personal autonomy reasons for such rights. Autonomy-based moral rights to do moral wrong are therefore conceptually possible as well as, at least on occasion, actual.

Publication Citation

Published in Law and Philosophy, January 2012 (http://www.springerlink.com/content/y0187q41q5l41100/).