The Architecture of Rights: Models and Theories

ISBN-13: 9783030760410 / Angielski / Miękka / 2022

David Frydrych

Opis

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.

Spis treści

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

O autorze

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

Blurb

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.