On some theories of rights, such as the Choice theory, only agents can have moral rights. The realm of right-holders thus excludes several potential candidates, among which are young children, mentally incapacitated persons, and groups since these are thought to lack the required degree of agency. This paper argues that groups can be right-holders. The argument comes in three steps: first, it is argued that full-blown or autonomous agency is not required for the possession of Choice theory rights, second, that (...) groups can be seen as agents, albeit in a limited sense, and third, that groups can make irreducibly collective choices in spite of their limited agency. The upshot of this argument is that groups can have rights, provided that they are organized around a coherent decision-making procedure; furthermore, this account can be employed to argue that other creatures of limited agency are possible right-holders. (shrink)

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.