Pildes on Dworkin's theory of rights

Authors
Citation
J. Waldron, Pildes on Dworkin's theory of rights, J LEG STUD, 29(1), 2000, pp. 301-307
Citations number
16
Categorie Soggetti
Law
Journal title
JOURNAL OF LEGAL STUDIES
ISSN journal
00472530 → ACNP
Volume
29
Issue
1
Year of publication
2000
Part
1
Pages
301 - 307
Database
ISI
SICI code
0047-2530(200001)29:1<301:PODTOR>2.0.ZU;2-Q
Abstract
This note corrects a serious misrepresentation of the views of Ronald Dwork in on the subject of rights, in a recent paper by Richard Pildes. The note makes it clear that Dworkin's theory of rights is based on a conception of Limits on the kinds of reason that the state can appropriately invoke in or der to justify its action. The idea of ''rights as trumps" is an expression of this conception. ''Rights as trumps" does not, as Pildes believes, expr ess an alternative view of rights (which Pildes argues against), in which r ights protect certain key interests against any demands made in the name of the general good.