Rechte und Normen als soziale Tatsachen

Abstract

Abstract The concept of right plays a central role in Coleman’s Foundations of Social Theory. It is defined as an empirical concept which refers to rights as social facts. One consequence of this view is according to Coleman that the normative-ethical question of how rights ought to be distributed can have no answer. The following article wants to show that this thesis is not convincing. The main focus of the article is a critical analysis of Coleman's theory of the relationship between rights and norms. It is argued that Coleman’s ‘right-based’ approach to define the concept of norm-existence with the concept of right is not tenable. On the contrary only a ‘norm-based’ approach is adequate which bases the concept of right on the concept of norm. Some explanatory consequences of this alternative view are discussed and it is shown that on this ground Coleman's attack on normative ethics can be rejected.