Value Pluralism and the Two Concepts of Rights

Horacio Spector ()
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Horacio Spector: Universidad Torcuato Di Tella, Buenos Aires

Rationality, Markets and Morals, 2009, vol. 0, issue 25

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: analysis of rights; moral rights; legal rights; will theory; interest theory; value pluralism; Isaiah Berlin (search for similar items in EconPapers)
Date: 2009
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