The Universal Scope of Positive Duties Correlative to Human Rights

Marinella Capriati

Utilitas, 2018, vol. 30, issue 3, 355-378

Abstract: Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the same function; correlative negative duties are generally thought to be universal; by analogy, we have reason to think that positive duties are held by everyone. I then consider three disanalogies that challenge the above argument. To address these worries, I introduce the notion of ‘aggregative duties’ – duties that can only be adequately grasped when we focus on the aggregate effect of the actions and omissions of different agents. This framework allows me to refine the initial thesis and address the objections.

Date: 2018
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