Rights as trumps
Discuss the doctrine of 'rights as trumps'. UPSC 2019 Paper 1A Qn 4b The doctrine of rights as "trumps" is a significant concept in legal and moral philosophy, most notably articulated by Ronald Dworkin in his influential work Taking Rights Seriously (1977). This doctrine suggests that individual rights are so fundamental that they take precedence over collective goals, utilitarian calculations, or the interests of the majority. In this framework, rights function as constraints on governmental or societal actions, ensuring that individual dignity and autonomy are not sacrificed for the sake of aggregate welfare . Rights as Trumps - a. Rights as Moral Shields - According to Dworkin, rights are moral claims that protect individuals from being subordinated to the collective good. They serve as "trumps" because they cannot be overridden merely to achieve social utility or efficiency. b. In a constitutional democracy, rights are enshrined in law and act ...