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The Architecture of Rights: Models and Theories

Autor David Frydrych
en Limba Engleză Paperback – 15 oct 2022
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.


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Specificații

ISBN-13: 9783030760410
ISBN-10: 3030760413
Pagini: 305
Ilustrații: XII, 305 p.
Dimensiuni: 148 x 210 mm
Greutate: 0.38 kg
Ediția:1st ed. 2021
Editura: Springer International Publishing
Colecția Palgrave Macmillan
Locul publicării:Cham, Switzerland

Cuprins

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.

Notă biografică

David Frydrych is a lecturer at Monash University’s Faculty of Law. His research concerns jurisprudence, rights, and trusts.

Textul de pe ultima copertă

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.



Caracteristici

Presents an account of how we should philosophize about rights Explains models and theories, and expands the fields horizons in discussing the ways in which rights can be used and vindicated Argues that there are important differences amongst rights exercise, enforcement, remedying, and vindication