Overview
- 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
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Table of contents (10 chapters)
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Front Matter
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Back Matter
Keywords
About this book
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.
Authors and Affiliations
About the author
David Frydrych is a lecturer at Monash University’s Faculty of Law. His research concerns jurisprudence, rights, and trusts.
Bibliographic Information
Book Title: The Architecture of Rights
Book Subtitle: Models and Theories
Authors: David Frydrych
DOI: https://doi.org/10.1007/978-3-030-76039-7
Publisher: Palgrave Macmillan Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
Hardcover ISBN: 978-3-030-76038-0Published: 14 October 2021
Softcover ISBN: 978-3-030-76041-0Published: 15 October 2022
eBook ISBN: 978-3-030-76039-7Published: 13 October 2021
Edition Number: 1
Number of Pages: XII, 305
Topics: Philosophy of Law, Theories of Law, Philosophy of Law, Legal History, Ethics, Political Theory, Human Rights