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A right implies a duty on others. A duty implies a right of the person you have to the duty to.

The duty formulation is good because it makes clear the cost of the right - it's like avoiding the passive voice in writing (compare 'everyone has the right to food' with 'those with food have a duty to feed those without' - the first is meaningless without the second). The rights formulation emphasizes that the reason for the duty resides in the person to whom the duty is owed, not the person who must perform the duty, and even if the performer changes, the duty will remain.

Elsewhere in the thread, the point is made that the prevalence of right formulations in western society mainly came about as western society went through successive limitings of the power of monarch and government, and the rights of the people against all governments present and into the future were enumerated. I don't know if this is true, but it seems plausible. It also provides a possible explanation for why authoritarian regimes might prefer a duty based view, and would certainly try to avoid accepting a philosophy that limited their power over their people.

Having said all that, big chunks of chapter 2 of the Chinese constitution read just like a Bill of Rights. http://en.people.cn/constitution/constitution.html




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