Value Pluralism and the Two Concepts of Rights
San Diego Law Journal, Forthcoming
21 Pages Posted: 17 Sep 2009 Last revised: 27 Jan 2010
Date Written: 2009
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
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