Conflicts of Rights

Abstract

It is often assumed that conflicts of rights are both common and inescapable. The main thesis of this chapter is that this assumption is questionable. First, I will define conflicts of rights and contrast the definition I offer with others available in the literature; if my definition is correct, many putative conflicts of rights turn out to be merely apparent. Second, I will consider the argument that conflicts of rights/duties would generate inconsistencies and show that this kind of argument assumes a certain – implausible – view of the strength of rights. Given that conflicts can arise in a consistent set of rights due to circumstances, the obvious way to pre-empt conflicts is by changing the circumstances. Finally, I will ask how such conflicts can be solved and, while I do not offer a clear solution, I argue that one is only rarely required because conflicts of fundamental moral rights are much less common than it is often assumed.