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The Architecture of Rights : Models and Theories / by David Frydrych

Publisher (Cham : Springer International Publishing : Imprint: Palgrave Macmillan)
Year 2021
Edition 1st ed. 2021.
Authors *Frydrych, David author
SpringerLink (Online service)

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OB00170707 Springer Law and Criminology eBooks (電子ブック) 9783030760397

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Material Type E-Book
Media type 機械可読データファイル
Size XII, 305 p : online resource
Notes Chapter 1: Introduction -- Chapter 2: Rights Modelling -- Chapters 3: Rights Correlativity -- Chapter 4: Rights Exercise and Enforcement -- Chapter 5: The Theories of Rights Debate -- Chapter 6: The Case Against the Theories -- Chapter 7: Legal Rights Enforcement -- Chapter 8: Imperfect Legal Rights -- Chapter 9: Claims and Invocations of Right -- Chapter 10: The Conceptual Contingency of Perimeters of Support
What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts. David Frydrych is a lecturer at Monash University’s Faculty of Law. His research concerns jurisprudence, rights, and trusts
HTTP:URL=https://doi.org/10.1007/978-3-030-76039-7
Subjects LCSH:Law—Philosophy
LCSH:Law—History
LCSH:Ethics
LCSH:Political science
LCSH:Human rights
FREE:Philosophy of Law
FREE:Theories of Law, Philosophy of Law, Legal History
FREE:Moral Philosophy and Applied Ethics
FREE:Political Theory
FREE:Human Rights
FREE:Human Rights
Classification LCC:K201-487
DC23:340.1
ID 8000077685
ISBN 9783030760397

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