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Rule-based rights and court-ordered rights

In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart (2012)

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  1. The Architecture of Rights: Models and Theories.David Frydrych - 2021 - Palgrave Macmillan.
    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 (...)
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  • Private Law, Analytical Philosophy and the Modern Value of Wesley Newcomb Hohfeld: A Centennial Appraisal.Kit Barker - 2018 - Oxford Journal of Legal Studies 38 (3):585-612.
    Hohfeld is one of the best-known analytical philosophers to have written in the area of private law in western, common law legal systems in the twentieth century, but it is sometimes suggested that his scheme has had little impact on the law. One hundred years after his death, this article assesses the man and the impact of his work, noting a resurgence of interest in him amongst both commentators and courts. It suggests that there are two good reasons why his (...)
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