권리의 우선성에 대한 고찰

Abstract

The priority of rights is one of the main properties that the concept of rights has. First of all, the concept of priority is considered as the strong meaning and the weak meaning in this article. The strong meaning of priority is the meaning that the concept of rights itself performs the role to exclude other reasons in the practical reasoning. The weak meaning of priority is the meaning that the concept of rights does not exclude other reasons but supports other ones and plays the roles of pre- consideration reason. In this cases, the examples of other reasons are considered with the consequential reasons and the rights reasons. Particularly in the collision of rights and consequential reasons, the strong meaning of priority of rights is understood as the meaning of exclusion of the consequential considerations. On the contrary, the position that compromises rights with the consequential considerations means the weak meaning of priority. But the weak meaning of priority is less important because it is weak itself. That is, rights may converge on the consequential reasons. None the less, the consequentialist and the deontologist all together consider the rights to be important conception of supporting her standpoint. That is to say, this brings us the question that the priority of rights does not rely on the contents of rights but the formal respects. In this meaning, the concept of rights itself possesses the property of priority for the respects in the speech act of rights discourses.