Private Law Theory

ABSTRACT
This article helps to clear up some misunderstandings about the Will Theory of rights. Section II briefly outlines the Theories of Rights. Section III elucidates some salient differences among self-described anti-Interest Theory accounts. Section IV rebuts Carl Wellman and Arthur Ripstein’s respective arguments about the Will Theory differing from ‘Choice’ or Kantian theories of a right. Section V then offers a candidate explanation of why people might subscribe to the Will Theory in the first place.

Frydrych, David, What is the Will Theory of Rights? (June 6, 2019). Ratio Juris, forthcoming.

First posted 2019-06-18 06:12:36