Title

Rights Revisited

Document Type

Book Chapter

Publication Date

1993

Editor(s)

Yeager Hudson & Creighton Peden

ISBN

077349264X

Publisher

Mellen Press

Language

en-US

Abstract

In view of the occasion, I begin by noting difficulties that legal theorists have reconciling constitutional rights with democracy. I then contrast those difficulties with the problem of reconciling moral rights with utilitarianism. After reviewing the arguments, which seem inconclusive, I advance the tentative suggestion that we have more reason for confidence in rights than in thinking that a utilitarian theory can accommodate them.

Comments

This chapter is in volume 8 of the Social Philosophy Today series. This book was translated into Spanish and published as Aspectos Morales de la Teoria del Derecho: Ensayos Sobre la Ley, la Justicia y la Responsabilidad Politica (1998).

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