Hutcheson in the History of Rights

Francis Hutcheson's An Inquiry Into the Original of Our Ideas of Beauty and Virtue, published in 1725, arguably contains the first broadly utilitarian theory of rights ever formulated. In this essay, I argue that, despite its subtlety, there are crucial lacunae in Hutcheson's theory. One of the most important, which Mill seeks to repair, is that his theory of rights lacks a conceptually necessary companion, namely, a corollary account of obligation. Hutcheson has no theory of fully deontic obligations, much less an account of the relational obligations that, as Hohfeld famously argued, are the conceptually necessary correlates of claim rights of the kind Hutcheson wishes to theorise. Like Hume, Hutcheson subversively redefines ‘obligation’ as a motive of self-interest or the approval of morally good motives by moral sense (Hume's ‘natural obligation’ and ‘moral obligation’, respectively). This leaves Hutcheson without any account of the obligations that are the necessary correlates of claim rights. Mill does significantly better on this score but ends up giving a pragmatic ‘reason of the wrong kind’ for rights and obligations. Hutcheson thus begins a line of thought shown by him to have been powerless to ground rights without independent deontic premises from the start.