Res Publica 16 (4):415-423 (2010)

Authors
Nicholas Vrousalis
Cambridge University
Abstract
This paper recasts an old objection to the will theory in the light of recent attempts to defend that theory, notably by Nigel Simmonds and Hillel Steiner. It enlists the idea of duties of care—effectively restrictions over legal officials’ discretionary exercise of powers—to form a dilemma for such theorists: either legal officials’ discretion over powers is restricted by duties of care for the unempowerable, or it is not. If their discretion is unrestricted, then the will theory is insensitive to the (values of the) lives of the unempowerable, in virtue of the fact that these lives are viewed as not meriting direct normative consideration. If, on the other hand, their discretion is restricted by duties of care, then the will theory has no argumentative resources within its conceptual apparatus to ascribe or justify them. It is therefore incomplete as a theory of rights
Keywords Philosophy   Philosophy   Ethics   Political Philosophy   Philosophy of Religion   Philosophy of Law
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DOI 10.1007/s11158-010-9134-y
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References found in this work BETA

An Essay on Rights.Hillel Steiner - 1994 - Oxford, Uk ;Blackwell.
The Nature of Rights.Leif Wenar - 2005 - Philosophy and Public Affairs 33 (3):223-252.
Self-Ownership, Freedom and Equality.Eric Mack - 1995 - Philosophy 72 (281):478-482.

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