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Which of the following BEST captures Ronald Dworkin's 'rights as trumps' thesis?
AIndividual rights act as trumps against majoritarian or utilitarian justifications for restricting them, except in narrow cases
BAll rights derive from a social contract that majorities may rewrite at will
CRights are merely policy preferences
DIndividual rights may always be overridden by collective utility
Answer & Solution
Correct answer: A. Individual rights act as trumps against majoritarian or utilitarian justifications for restricting them, except in narrow cases
Dworkin (Taking Rights Seriously, 1977) argues rights function as TRUMPS over policy goals based on aggregate welfare. The government may not infringe a right merely because doing so would maximise utility — a Kantian-flavoured anti-utilitarian point.
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