Work in Progress

Here are some of my latest writings.  They are still incomplete, so please treat them as such.

  • The Nature of Rights.
    Contemporary rights language is in a state of disorder. Proponents of two sharply opposed accounts of the nature of rights — the ‘interest theory’ and the ‘will theory’ — have for decades been unable to agree, even about the proper aim of a theory of rights. I suggest that the problem is even deeper than is commonly assumed. While it is supposed to be a dispute about theories, the disagreement has taken the form of a clash between different stipulative definitions. I argue how this could have happened, and suggest how we might proceed building a theory of rights.
    abstract    |    paper

  • Ockham's Theory of Natural Rights.  (with Jonathan Robinson)
    The famous poverty debate between the Franciscans and their adversaries and Ockham's Opus Nonaginta Dierum in particular have long been recognized to be of crucial importance in the early development of natural rights. Yet, the nature of the debate and the contribution of the Franciscans remain controversial. We suggest that the most important contribution of the Franciscans is not so much their assimilation of ius and dominium but rather their insistence that it is possible to live without dominium and in particular Ockham’s defense of a theory of natural rights that does not entail any possession of any kind of dominium by the holder of the right.
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    Siegfried Van Duffel,
    Jun 29, 2010 6:48 AM