In Defense of Procedural Rights (Or Anyway, Procedural Duties): A Response to Wellman (original) (raw)

Legal Theory, 2018

Abstract

ABSTRACTIn a recent paper Christopher Heath Wellman argues that—with some important qualifications—there are no procedural rights. And it's not as if he is squeamish about his examples: even someone who is “convicted” and “punished” by lottery is not wronged—their rights are not violated—if in fact they are guilty of the relevant crime. I respond, rejecting Wellman's conclusion and argument. I also show how the discussion has important wider implications.

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