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The Architecture of Rights David Frydrych

The Architecture of Rights By David Frydrych

The Architecture of Rights by David Frydrych


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Summary

What is a right? To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used.

The Architecture of Rights Summary

The Architecture of Rights: Models and Theories by David Frydrych

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 toaddressthe above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising andscrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the bookalsoaddresses 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.



About David Frydrych

David Frydrych is a lecturer at Monash Universitys Faculty of Law. His research concerns jurisprudence, rights, and trusts.

Table of Contents

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.

Additional information

NPB9783030760410
9783030760410
3030760413
The Architecture of Rights: Models and Theories by David Frydrych
New
Paperback
Springer Nature Switzerland AG
2022-10-15
305
N/A
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