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Group Rights (Derivative Group Rights (Holding onto idea of liberalism,…
Group Rights
Derivative Group Rights
Holding onto idea of liberalism
require recognition of the importance of group membership
Acknowledging individual interests
Sharp
fostered by group membership
Will Theory
capacity to make choices
Agency condition
protected by rights
Autonomous, hofeldian rights
Sharp
Fundamental Group Rights
Groups have interests in their own rights
Groups primary moral and political entity
Give up individual rights
Settling decisions through elders/voting
therefore don't meet agency condition
Interest Theory
possession of morally important interests warranting powerful protection
Waldron where entity might have a right
MacCormick - duties before rights because of interest
Waldron's worry
doesn't invite discussion
Rights as trumps at expense of minorities/unpopular views
No genuine dissent