The will theory of rights: A defence [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 15 (3):257 - 270 (1996)
Hart's will theory of rights has been subjected to at least three significant criticisms. First, it is thought unable to account for the full range of legal rights. Second, it is incoherent, for it values freedom while permitting an agent the option of alienating his or her capacity for choice. Third, any attempt to remedy the first two problems renders the theory reducible to the rival benefit theory. My aim is to address these objections. I argue that will theory has been made vulnerable due to misinterpretation. The theory has been characterized as placing great stress on liberty rights (or claim-protected liberties), whereas it is powers that are central, and hence not choice but control. My argument does, however, depend upon appealing to an extra-legal notion — the hypothetical contract — but I argue that this is consistent with the main aim of a theory of rights.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Siegfried Van Duffel (2012). In Defence of the Will Theory of Rights. Res Publica 18 (4):321-331.
Similar books and articles
Rex Martin (2012). Natural Rights Human Rights and the Role of Social Recognition. Collingwood and British Idealism Studies 17 (1):91-115.
George E. Panichas (1985). The Structure of Basic Human Rights. Law and Philosophy 4 (3):343 - 375.
Samantha Brennan (1999). Reconciling Feminist Politics and Feminist Ethics on the Issue of Rights. Journal of Social Philosophy 30 (2):260–275.
Eleanor Curran (2007). Reclaiming the Rights of the Hobbesian Subject. Palgrave Macmillan.
John Deign (1988). On Rights and Responsibilities. Law and Philosophy 7 (2):147-178.
John Deigh (1988). On Rights and Responsibilities. Law and Philosophy 7 (2):147 - 178.
Luca Baccelli (2011). The Logical Foundation of Fundamental Rights and Their Universality. Res Publica 17 (4):369-376.
James Sherman (2010). A New Instrumental Theory of Rights. Ethical Theory and Moral Practice 13 (2):215 - 228.
David Lyons (1994). Rights, Welfare, and Mill's Moral Theory. Oxford University Press.
Eric Mack (2000). In Defense of the Jurisdiction Theory of Rights. Journal of Ethics 4 (1-2):71-98.
Added to index2009-01-28
Total downloads19 ( #85,201 of 1,096,612 )
Recent downloads (6 months)1 ( #265,701 of 1,096,612 )
How can I increase my downloads?