Dworkin's Two Conceptions of Rights
Richard H Pildes
The Journal of Legal Studies, 2000, vol. 29, issue 1, 309-15
Abstract:
This brief reply redefends the view that two distinct conceptions of the justification and structure of constitutional rights can be found in constitutional theory, political philosophy, and the discourse of constitutional adjudication. The first is labeled the immunities conception; the second is characterized as the structural or reason-restraining conception of rights. This reply also defends the common association of Ronald Dworkin's Taking Rights Seriously with the immunities view, while recognizing that multiple conceptions of the justifications and structure of rights can be found in Dworkin's corpus of writings. Copyright 2000 by the University of Chicago.
Date: 2000
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Persistent link: https://EconPapers.repec.org/RePEc:ucp:jlstud:v:29:y:2000:i:1:p:309-15
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