Abstract

In “The Desire Theory of Claim-Rights,” Brian Kierland presents an analysis of the concept of a claim-right according to which one person has a claim-right against another just in case there is a perfect correlation between (1) whether the second person has a duty owed to the first and (2) whether the first wants the second to do the act in question. I respond by suggesting that in certain cases, including a variant of the case of Ulysses and the Sirens, the Desire Theory has seriously counter-intuitive implications.