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| Article |
| The Logic and Antilogic of Secret Rights |
| David Kaye |
| 72 Minn. L. Rev. 603 (1988) |
| Library Access |
|
Abstract: Professor Girardeau Spann in his essay, Secret Rights, asserts that all existing theories of individual rights are necessarily unsatisfactory and promises a new paradigm that re-conceives analytical use of language and de-emphasizes analytical reliance on logic. This article responds to this contention, in large, by noting its self-refuting reliance upon logic to attack logical argument itself. It examines Spann’s claim that all extant theories of rights are logically incoherent and shows that one can avoid the problems identified by Spann without abandoning logic, analyzes Spann’s critique of deductive logic as a component of theories about rights, and argues that logic has its uses. It also discusses Spann’s proposed non-logical paradigm for handling rights and questions whether this approach is preferable to a logic-based analysis. While Spann’s trendy deconstructionist tactic has a mystical allure, ultimately it fails. |
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