The Identity of Right-Holders

Abstract

In this chapter I review some of the familiar theories about the identity of possible right-holders. The main purpose of this is to examine the characterization of those who are presumed to have rights. A fundamental assumption of this discussion is that a presumed right usually includes its “conditions of possession”. This means that each right defines the conditions under which one is considered to fit the description that makes him a right-holder. Being a right-holder means that one has a moral status bestowed by the right, because he meets the qualifications needed for holding that right. These qualifications are defined as an integral part of each particular right. If we examine Gewirth’ s analysis of the structure of a claim right, we can easily perceive this.