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Value Pluralism and the Two Concepts of Rights

San Diego Law Journal, Forthcoming

21 Pages Posted: 17 Sep 2009 Last revised: 27 Jan 2010

Horacio Spector

University of San Diego School of Law; Universidad Torcuato Di Tella

Date Written: 2009

Abstract

Philosophers and legal theorists still disagree about the correct analysis of 'rights,' both moral and legal. The 'Will Theory' and the 'Interest Theory' - the two main views - can each account for various features of rights, but neither of them is totally satisfactory. The controversy has now been running for decades and seems irresolvable. I will contend in this paper that the discussion of 'value pluralism' in the Berlinian tradition can illuminate the debate over the concept of rights.

Keywords: Value Pluralism, Rights

Suggested Citation

Spector, Horacio, Value Pluralism and the Two Concepts of Rights (2009). San Diego Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1474806

Horacio Spector (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

Universidad Torcuato Di Tella ( email )

Buenos Aires
Argentina

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