Abstract
Traditional social choice theory does not distinguish between the choices and the preferences of an individual. However, it is often rational for an individual to make choices that do not follow his preferences, e.g. when he makes compromises with other individuals. A social choice format is introduced with separate representations for choice and preference. It is shown how different types of rights and other legal positions can be expressed in this format. Definitions are given of what it means for rights to be compatible and for a set of rights to be respected. Further, it is shown that much weaker (and fully plausible) conditions are needed to avoid Sen's paradox (the impossibility of a Paretian liberal) in this social choice format than in a traditional format that does not distinguish between choices and preferences. As an example of this, Sen's paradox can be avoided if each individual, ceteris paribus, prefers that her choices be respected in matters that belong to her own personal sphere.
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An earlier version of this paper has been discussed at a Swedish-English Symposium on Rights and Rationality. I would like to thank the participants, Peter Gärdenfors, William Hart, Stig Kanger, David Kelsey, Prasanta Pattanaik, and Robert Sugden for valuable comments.
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Hansson, S.O. Rights and the liberal paradoxes. Soc Choice Welfare 5, 287–302 (1988). https://doi.org/10.1007/BF00433657
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DOI: https://doi.org/10.1007/BF00433657