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The Architecture of Rights: Models and Theories

The Architecture of Rights: Models and Theories

作者： David Frydrych
出版商： Palgrave Macmillan
ISBN: 9783030760410
出版时间 October 2022
规格： Paperback
适应领域： Switzerland ? 免责申明：
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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.
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

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