Taking Rights Seriously

By Ronald Dworkin

Review Questions: 1. What does Dworkin mean by right in the strong sense? What rights in this sense are protected by the US constitution? - On Dworkins view, if a people have a right to do something, then it is wrong to interfere with them. Political and moral rights are protected by the US constitution. 2. Distinguish between legal and moral rights. Give some examples of legal rights that are not moral rights, and moral rights that are not legal rights. - Legal rights are rights made by the government while moral rights are rights given to us by morality. 3. What are the two models of how a government might define the rights of its citizens? Which does Dworkin find more attractive? -First model recommends striking a balance between the rights of the individual and the demands of the society at large. The second is the more familiar idea of political equality. He finds the 1st model more attractive. 4. According to Dworkin, what two important ideas are behind the institution of rights? - The idea to stop a man from his rights when there is a clear and substantial risk that can do great damage to a person or persons property. Act of faith on the part of the minorities.

Discussion Questions: 1. Does a person have a right to break the law? Why or why not? - Well technically, the law didnt say that rights of breaking the law. If there are any rights to break the law then theres no more sense to have a law. So my answer is no because the law is really simple and its us who make it more complicated. 2. Are rights in the strong sense compatible with Mills utilitarianism? - Yes, it is compatible. 3. Do you think that Kant would accept rights in the strong sense or not? - No.