Rights, Religion, Riviera, and Roma
通过法国与欧盟关于罗姆人的冲突，分析欧盟自由流动政策在土地、大学和医疗等领域导致的帕累托次优结果，并挑战普遍人权的假设，提出一种功利主义的宪法权利理论。
The recent conflict between the French government and the EU over Roma motivates a more general examination of the EU's free mobility policies. The article describes three additional situations, access to land in desirable locations, access to universities, and access to health care, in which the EU's policies with respect to mobility can lead to Pareto sub-optimal outcomes. More generally, the article challenges the now widely held presumption, which underlies debates like these over rights, that there exists some set of universal human rights of which free movement is a member. A utilitarian theory of constitutional rights is offered instead. The article demonstrates that some constitutional rights, as those contained in the U.S. Bill of Rights, do fit the theory rather well. The UN's Universal Declaration of Human Rights, and the EU's Charter of Fundamental Rights are used as examples of universal human rights, which are difficult to defend under the theory proposed here, or under any other theory.