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Rights: Individuals
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[S]tatus theorists must ... resolve an internal debate over exactly which rights should be thought express an individual's inviolability. Nozick held that private property rights are status-based, while other status theorists reject the libertarianism to which Nozick's position leads. The resolution of this debate has recently become more urgent, as a group of neo-Kantian and neo-Lockean "left libertarian" theorists have advanced the view that the status of individuals requires that each be accorded strong rights to self-ownership, along with initially equal shares of "world-ownership" (Vallentyne and Steiner 2000, Otsuka 2003).
Bill of Rights The Constitution reserves many rights for those suspected of crime. One of the fears of the Framers was that the government could act ... it wished by simply saying an individual was a suspected criminal. Many of the rights in the Constitution and the Bill of Rights, such as habeas corpus, the right to remain silent, and the right to an attorney, are designed to ensure that those accused of a crime are assured of those rights.
There is no reason to think that the rights grounded within non-maximizing instrumental theories must be weak. Rawls's justice as fairness, for example, generates a principle of justice that gives individual rights "absolute weight with respect to reasons of public good and perfectionist values" (Rawls 1971, 294). Here fundamental rights are not weak but, as in Dworkin's phrase, "trumps."
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