Architecture of rights [electronic resource] : models and theories / David Frydrych.

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Architecture of rights [electronic resource] : models and theories / David Frydrych.

9783030760397 (electronic bk.)
3030760391 (electronic bk.)
3030760383
9783030760380

Cham, Switzerland : Palgrave Macmillan, 2021.

English

1 online resource (xii, 305 pages)

10.1007/978-3-030-76039-7 doi

K3240.5

341.48

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 Universitys Faculty of Law. His research concerns jurisprudence, rights, and trusts.

Includes bibliographical references and index.

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Description based on print version record.

Print version: 9783030760397
Print version: 9783030760380
ARCHITECTURE OF RIGHTS.

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