Legal and moral norms have expanded their protections of individual autonomy over the centuries. The emphasis and impressions by most scholars regarding this progress, however, have been misleading, in my view. It is not that we have developed better standards by which to protect a pre-existing conception of autonomy. This puts the endeavor backwards. It is, to the contrary, that our evolving rules and standards of rights and duties create and delineate what we mean by autonomy. Autonomy, in a nutshell, is that which is protected by adopted norms. In a prior article I examined the process by which substantive rights protecting autonomy are established. In this piece I turn to the process of adopting requital rights associated with the violation of particular substantive rights. Both substantive and requital rights are crucial to the delineation of a person’s range of autonomy.
Kuklin, Bailey H, Private Requitals (August 30, 2016). 64 Cleveland State Law Review 965 (2016).