Offences against Status

被引:3
作者
Letsas, George [1 ]
机构
[1] Univ Toronto, Toronto, ON, Canada
关键词
status; legal and moral equality; legal rights; social hierarchy; contract; Henry Maine; Jeremy Bentham; CONTRACT; TITLES;
D O I
10.1093/ojls/gqac033
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Philosophical accounts of status understand it either pejoratively, as social rank, or laudatorily, as the dignity possessed by all in virtue of our shared humanity. Status is considered to be something either we all have or no one should have. This article aims to show that there is a third, neglected, sense of status. It refers to the moral rights and duties one holds in virtue of one's social position or role. Employees, refugees, doctors, teachers and judges all hold social roles in virtue of which they have distinctive obligations, rights, privileges, powers and the like. This article aims to do two things: first, to distinguish the role-based notion of status from ideas of social rank, and to identify the various ways in which it constitutes a distinct category of moral wrongdoing; and second, to show that status, thus understood, is justified on egalitarian grounds even though, unlike dignity, not everyone has it. The moral point of status, I argue, is to regulate asymmetrical relations in which one of the parties suffers from background vulnerabilities and dependencies. Status as a moral idea vests both parties with a complex set of rights and duties, whose aim is to restore moral equality between the parties.
引用
收藏
页码:322 / 349
页数:28
相关论文
共 53 条
[1]  
Allen CarletonK., 1931, Legal Duties and Other Essays in Jurisprudence
[2]  
Annas J., 2002, Proceedings of the Aristotelian Society (Hardback), V102, P109, DOI DOI 10.1111/J.0066-7372.2003.00045.X
[3]  
[Anonymous], 2021, BV V ASLEM
[4]  
[Anonymous], 1979, Marckx v Belgium
[5]  
[Anonymous], 2016, Immigration Act
[6]  
[Anonymous], 2003, ODIEVRE V FRANCE AP
[7]  
[Anonymous], 1996, COLLECTED WORKS J BE
[8]  
[Anonymous], 2014, Immigration Act
[9]  
[Anonymous], 1994, KEEGAN V IRELAND APP
[10]  
Austin John, 1875, LECT JURISPRUDENCE P, P355