That would work if deciding which things are and are not rights was not itself a preference. You can say that you have some axiom which informs your decisions, but you may have some difficulty proving that this axiom is superior to all others, or all others known (and in which logical framework?).
In practice, this usually ends up selecting for the preference to simply not care about any of the above.
In practice, this usually ends up selecting for the preference to simply not care about any of the above.