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The Architecture of Rights

The Architecture of Rights

Models and Theories

by David Frydrych
Hardback
Publication Date: 04/10/2021

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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.

ISBN:
9783030760380
9783030760380
Category:
Political science & theory
Format:
Hardback
Publication Date:
04-10-2021
Language:
English
Publisher:
Springer International Publishing AG
Country of origin:
Switzerland
Dimensions (mm):
210x148mm
Weight:
0.57kg

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