Rights and participatory goods

Oxford Journal of Legal Studies 22 (1):91-113 (2002)
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What sorts of things can individuals have rights to? In this paper I consider one influential negative claim: that individuals cannot have rights to so-called “participatory goods”. I argue that this claim is mistaken. There are two kinds of counter-examples, what I call “actualization rights” and “conditional rights”. Although the scope for individual actualization rights to participatory goods may be relatively narrow, individual conditional rights to participatory goods are both common and important: they are one of the main vehicles that the realm of rights has for protecting and promoting the interests that individuals have in participatory goods.
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