Rights as Instruments

Leif Wenar, Sheffield University

 

Thomas Nagel and Francis Kamm have argued that classic individual rights have intrinsic value since they are aspects of the value of persons as ends in themselves. They contrast their status-based approach to that of utilitarianism, which views rights as instruments to achieving an optimal distribution of interests. This paper argues that the instrumental view of rights is in fact common to most contemporary normative theories. Moreover, instrumental justifications of rights are more plausible than status-based justifications. However, status is crucial within most contemporary normative theories in defining the ends towards which rights are the means.