To defend the explanatory power of the choice theory of rights,choice theorists have put forward the impossibility theorem,the proposition of moral priority,and the redundancy theory of rights to deny the existence of...To defend the explanatory power of the choice theory of rights,choice theorists have put forward the impossibility theorem,the proposition of moral priority,and the redundancy theory of rights to deny the existence of inalienable rights.However,the impossibility theorem confuses power and privilege and breaks through basic legal relations;the proposition of moral priority shifts from the importance of rights to the absoluteness of rights by refusing to recognize the“threshold”of rights;the redundancy theory of rights ignores the“severity increasing effect”of rights.Therefore,the accusation made by choice theorists is groundless.展开更多
In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it c...In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it cannot legitimately be waived or transferred. Since voluntary euthanasia entails waiver of the right to life, the inalienability yields that it cannot be justified. Therefore, any ethical position that is in favor of voluntary euthanasia has to argue that the right to life is an inalienable right and accept the conclusion that killing on request is justified.展开更多
基金a phased result of the important project“A Research of General Secretary Xi Jinping’s Important Statement on Respecting and Safeguarding Human Rights”(No.228ZD004)supported by National Social Science Fund of Chinathe SWUPL student scientific research innovation project of 2021(No.2021XZXS-070)。
文摘To defend the explanatory power of the choice theory of rights,choice theorists have put forward the impossibility theorem,the proposition of moral priority,and the redundancy theory of rights to deny the existence of inalienable rights.However,the impossibility theorem confuses power and privilege and breaks through basic legal relations;the proposition of moral priority shifts from the importance of rights to the absoluteness of rights by refusing to recognize the“threshold”of rights;the redundancy theory of rights ignores the“severity increasing effect”of rights.Therefore,the accusation made by choice theorists is groundless.
文摘In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it cannot legitimately be waived or transferred. Since voluntary euthanasia entails waiver of the right to life, the inalienability yields that it cannot be justified. Therefore, any ethical position that is in favor of voluntary euthanasia has to argue that the right to life is an inalienable right and accept the conclusion that killing on request is justified.
