Frydrych on the Theories of Rights Debate

David Frydrych (National University of Singapore (NUS) – Faculty of Law) has posted The Theories of Rights Debate on SSRN.  Here is the abstract: This is the first comprehensive explanation and survey of the Interest-Will theories of rights debate. Section II elucidates its traditional understanding as being a dispute over how best to explain A RIGHT and clarifies the theories' competing criteria for that concept. (The short version of the story is that the theories dispute whether the existence of enforcement powers is necessary to A RIGHT and what that means for right-holders). Section III argues that, under any understanding of what the debate is really about, the Interest and Will theories' famous reductio arguments are unsuccessful. This is because the arguments either ignore more robust or versatile versions of the target theory, or (relatedly) they fail to account for how rights theories interact with theories of law. The rest of the article then…

Read more detail on Recent Legal Theory posts –

This entry was posted in Legal Theory and tagged , , , . Bookmark the permalink.

Leave a Reply