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The Architecture of Rights - Models and Theories (Paperback, 1st ed. 2021)
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The Architecture of Rights - Models and Theories (Paperback, 1st ed. 2021)
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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.
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