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Law in the Age of Pluralism$
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Andrei Marmor

Print publication date: 2007

Print ISBN-13: 9780195338478

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195338478.001.0001

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On the Limits of Rights

On the Limits of Rights

Chapter:
(p.215) CHAPTER 9 On the Limits of Rights
Source:
Law in the Age of Pluralism
Author(s):

Andrei Marmor (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195338478.003.0009

This chapter focuses on one analytical conception of rights, called “The Interest Theory of Rights”. It presents two interesting conclusions that follow from it concerning the appropriate limits of rights: namely, that rights, properly conceived, are both inherently limited and inherently, or unavoidably, controversial. Though these two conclusions seem to pull in different directions, it is shown that they teach us the same political lesson, namely, that there is something both misleading and unattainable in the aspiration to political neutrality.

Keywords:   theory of rights, politics, rights discourse, pluralism

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