Results for 'The Hybrid Theory of Rights'

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  1. Katharina Nieswandt, Concordia University. Authority & Interest in the Theory Of Right - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  2.  55
    Mixing Interest and Control? Assessing Peter Vallentyne’s Hybrid Theory of Rights.Marcus Agnafors - 2015 - Philosophia 43 (4):933-949.
    The relationship between libertarianism and state is a contested one. Despite pressing full and strict ownership of one’s person and any justly acquired goods, many libertarians have suggested ways in which a state, albeit limited, can be regarded as just. Peter Vallentyne has proposed that all plausible versions of libertarianism are compatible with what he calls ‘private-law states’. His proposal is underpinned by a particular conception of rights, which brings Interest Theory of rights and Will Theory (...)
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  3.  78
    The Theories of Rights Debate.David Frydrych - 2018 - Jurisprudence 9 (3):566-588.
    This is the first comprehensive explanation and survey of the Interest-Will theories of rights debate. It elucidates the traditional understanding of it as a dispute over how best to explain A RIGHT and clarifies the theories’ competing criteria for that concept. The rest of the article then shows why recent developments are either problematic or simply fail to actually advance the debate. First, it is erroneous, as some theorists have done, to frame the entire debate in terms of competing (...)
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  4.  23
    The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from (...)
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  5.  16
    The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from (...)
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  6.  15
    The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from (...)
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  7.  14
    The Tracking Theory of Claim‐Rights.Mark McBride - 2023 - Analytic Philosophy 64 (3):256-276.
    My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from (...)
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  8.  48
    A Hybrid Theory of Induction.Adrià Segarra - forthcoming - British Journal for the Philosophy of Science.
    There are two important traditions in the philosophy of induction. According to one tradition, which has dominated for the last couple of centuries, inductive arguments are warranted by rules. Bayesianism is the most popular view within this tradition. Rules of induction provide functional accounts of inductive support, but no rule is universal; hence, no rule is by itself an accurate model of inductive support. According to another tradition, inductive arguments are not warranted by rules but by matters of fact. Norton’s (...)
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  9.  75
    Against the Hybrid Interpretation of Kant’s Theory of Punishment.Mark Pickering - 2020 - Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics 28 (1):115-133.
    Immanuel Kant appears to make both retributivist and consequentialist statements about criminal punishment in the Metaphysical Foundations of the Doctrine of Right. In recent decades, some scholars have argued that Kant’s theory of criminal punishment is a hybrid of consequentialism and retributivism. B. Sharon Byrd’s interpretation is the most influential version of this view. I argue that the textual evidence in favor of the consequentialist side of the hybrid interpretation is weak and the evidence in favor of (...)
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  10. The Disjunctive Hybrid Theory of Prudential Value: An Inclusive Approach to the Good Life.Joseph Van Weelden - 2018 - Dissertation, Mcgill University
    In this dissertation, I argue that all extant theories of prudential value are either a) enumeratively deficient, in that they are unable to accommodate everything that, intuitively, is a basic constituent of prudential value, b) explanatorily deficient, in that they are at least sometimes unable to offer a plausible story about what makes a given thing prudentially valuable, or c) both. In response to the unsatisfactory state of the literature, I present my own account, the Disjunctive Hybrid Theory (...)
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  11. An Honest Look at Hybrid Theories of Pleasure.Daniel Pallies - 2020 - Philosophical Studies 178 (3):887-907.
    What makes it the case that a given experience is pleasurable? According to the felt-quality theory, each pleasurable experience is pleasurable because of the way that it feels—its “qualitative character” or “felt-quality”. According to the attitudinal theory, each pleasurable experience is pleasurable because the experiencer takes certain attitudes towards it. These two theories of pleasure are typically framed as rivals, but it could be that they are both partly right. It could be that pleasure is partly a matter (...)
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  12.  9
    Just Interpretations: Law Between Ethics and Politics.Michel Rosenfeld & Professor of Human Rights and Director Program on Global and Comparative Constitutional Theory Michel Rosenfeld - 1998 - Univ of California Press.
    "An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.
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  13.  14
    The Hybrid Theory of Stories and Arguments Applied to the Simonshaven Case.Floris J. Bex - 2020 - Topics in Cognitive Science 12 (4):1152-1174.
    Bex analyzes the case with an informal version of his hybrid theory, which combines scenario construction and argumentation. Arguments based on evidence can be used to reason about alternative scenarios. Bex claims that his hybrid theory provides the best of both worlds by combining cognitively feasible story‐based reasoning with more detailed rational argumentation. However, like the argument‐based approach, the hybrid theory does not provide a systematic account of uncertainty.
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  14.  70
    The Lockean Theory of Rights.A. John Simmons - 2020 - Princeton University Press.
    John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a (...)
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  15.  4
    Hegel and the Unified Theory of Punishment.Thom Brooks - 2012 - In Hegel's Philosophy of Right. Oxford, UK: Wiley‐Blackwell. pp. 101–123.
    G. W. F. Hegel’s theory of punishment has been most often thought to fit within a particular penal camp. The most popular interpretation is that this theory is retributivist because criminals should only be punished only where deserved in an effort to “annul” crime. Others believe this theory is a theory of moral education whereby criminals come to understand their crimes as wrongs in an effort to reform their behaviour. These interpretations all fail to acknowledge the (...)
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  16.  54
    The Duality of Moral Language : On Hybrid Theories in Metaethics.Stina Björkholm - 2022 - Dissertation, Stockholm University
    Moral language displays a characteristic duality. On the one hand, moral claims seem to be similar to descriptive claims: To say that an act is right seems to be a matter of making an assertion, thus indicating that the speaker has a moral belief about which she can be correct or mistaken. On the other hand, moral claims seem to be different from descriptive claims: There is a sense in which, by claiming that an act is right, a speaker indicates (...)
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  17.  75
    The Reciprocity Theory of Rights.David Rodin - 2014 - Law and Philosophy 33 (3):281-308.
    This article provides an explanatory account of a central class of moral rights; their normative grounding, the conditions for their possession and forfeiture, and their moral stringency. It argues that interpersonal rights against harm and rights to assistance are best understood as arising from reciprocity relations between moral agents. The account has significant advantages compared with rivals such as the interest theory of rights. By explaining the differential enforceability of rights against harm and (...) to assistance, the reciprocity theory helps to refute an argument made by Cecile Fabre that the poor may have a justification for engaging in war against the affluent to compel them to fulfil their duties of assistance to the poor. (shrink)
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  18.  59
    The Hybrid Theory of Reference for Proper Names.Filip Kawczynski - 2010 - In Piotr Stalmaszczyk (ed.), Objects of Inquiry in Philosophy of Language and Linguistics. Frankfurt, Germany: Ontos Verlag. pp. 137-150.
    In this paper, I present main ideas of the Hybrid Theory of Reference for Proper Names. First, I try to define the ​position of the Hybrid Theory within the discussion about reference. Then I briefly explain most significant aspects of the theory as they were defined by Gareth Evans. Apart from that, I also offer some additions to the theory. The addition, I spend most space on concerns phrases that I call “mock names” which (...)
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  19.  96
    The hybrid theory of mixed quotation.Savas L. Tsohatzidis - 1998 - Mind 107 (427):661-664.
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  20. The hybrid theory of time.Neil McKinnon - 1999 - Philosophical Papers 28 (1):37-53.
    Time passes; sometimes swiftly, sometimes interminably, but always it passes. We see the world change as events emerge from the shroud of the future, clandestinely slinking into the past almost immediately as though they are reluctant to meet our gaze: children are born, old friends and relatives die, governments once full of youthful enthusiasm wane. If the Earth were sentient, it might feel itself being torn apart as tectonic plates diverge, and chuckle as it outlived species upon species of transient (...)
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  21.  11
    Discussion. The hybrid theory of mixed quotation.S. Tshohatizidis - 1998 - Mind 107 (427):661-664.
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  22.  3
    The Hybrid Theory of Reference for Proper Names.Filip Kawczyński - 2010 - In Piotr Stalmaszczyk (ed.), Philosophy of Language and Linguistics: Volume I: The Formal Turn; Volume II: The Philosophical Turn. De Gruyter. pp. 137-150.
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  23. A hybrid theory of claim-rights.Gopal Sreenivasan - 2005 - Oxford Journal of Legal Studies 25 (2):257-274.
  24. The Tracking Theory of Rights.Mark McBride - 2017 - In New Essays on the Nature of Rights. Portland, Oregon: Hart.
     
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  25.  61
    What Is the Will Theory of Rights?David Frydrych - 2019 - Ratio Juris 32 (4):455-472.
    This article helps to clear up some misunderstandings about the Will Theory of rights. Section 2 briefly outlines the Theories of Rights. Section 3 elucidates some salient differences amongst self-described anti–Interest Theory accounts. Section 4 rebuts Carl Wellman’s and Arthur Ripstein’s respective arguments about the Will Theory differing from “Choice” or Kantian theories of a right. Section 5 then offers a candidate explanation of why people might subscribe to the Will Theory in the first (...)
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  26.  23
    The Social Theory of Rights.Ferdinand Schoeman - 1982 - Bowling Green Studies in Applied Philosophy 4:124-138.
  27.  18
    The General Theory of Rights.D. W. Haslett - 1980 - Social Theory and Practice 5 (3-4):427-459.
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  28. The Lockean theory of rights-Simmons, aj.S. L. Mendus - forthcoming - Ethics:382--383.
  29.  76
    Beyond Normative Control: Against the Will Theory of Rights.Joseph Bowen - 2020 - Canadian Journal of Philosophy 50 (4):427-443.
    The Will Theory of Rights says that having control over another’s duties grounds rights. The Will Theory has commonly been objected to on the grounds that it undergenerates right-ascriptions along three fronts. This paper systematically examines a range of positions open to the Will Theory in response to these counterexamples, while being faithful to the Will Theory’s focus on normative control. It argues that of the seemingly plausible ways the defender of the Will (...) can proceed, one cannot both be faithful to the theory’s focus on normative control as the grounds of rights and achieve extensional adequacy. (shrink)
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  30.  77
    In Defence of the Will Theory of Rights.Siegfried Van Duffel - 2012 - Res Publica 18 (4):321-331.
    Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner’s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. (...)
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  31.  95
    The will theory of rights: A defence. [REVIEW]Paul Graham - 1996 - Law and Philosophy 15 (3):257 - 270.
    Hart's will theory of rights has been subjected to at least three significant criticisms. First, it is thought unable to account for the full range of legal rights. Second, it is incoherent, for it values freedom while permitting an agent the option of alienating his or her capacity for choice. Third, any attempt to remedy the first two problems renders the theory reducible to the rival benefit theory. My aim is to address these objections. I (...)
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  32.  18
    In the Blind Spot: The Hybridization of Contracting.Gunther Teubner - 2007 - Theoretical Inquiries in Law 8 (1):51-71.
    What are the consequences of modernity for the institution of contracting? As the unity of the traditional contract is dissolved into a multiplicity of separate contracting worlds, the binding force of contracting needs to be reformulated from an interpersonal to an interdiscursive relation. The central thesis of this Article is that the unity of contracting is hidden in the blind spot of the distinction between contracting worlds. Contracting needs two diametrically contradictory but complementary theories which cannot be integrated into a (...)
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  33.  87
    In defense of the jurisdiction theory of rights.Eric Mack - 2000 - The Journal of Ethics 4 (1-2):71-98.
    This essay critically examines three theories of moral rights, theBenefit, the Interest, and the Choice theories. The Interest andChoice theories attempt to explain how rights can be more robustthan seems possible on the Benefit theory. In particular, moralrights are supposed to be resistant to trade-offs to supportprincipled anti-paternalism, to constitute a distinct dimensionof morality, and to provide right holders with a range ofdiscretionary choice. I argue that these and other featuresare better yet provided by a fourth (...) of moral rights, theJurisdiction theory. (shrink)
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  34.  77
    The Rightest Theory of Degrees of Rightness.Campbell Brown - 2016 - Ethical Theory and Moral Practice 19 (1):21-29.
  35.  24
    Addressing the Addressive Theory of Rights.Joseph Bowen - 2021 - Journal of Applied Philosophy 39 (2):183-193.
    Journal of Applied Philosophy, EarlyView.
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  36.  22
    A hybrid theory of metaphor: relevance theory and cognitive linguistics.Markus Tendahl - 2009 - Basingstoke: Palgrave-Macmillan.
    A provoking new approach to how we understand metaphors thoroughly comparing and contrasting the claims made by relevance theorists and cognitive linguists. The resulting hybrid theory shows the complementarity of many positions as well as the need and possibility of achieving a broader and more realistic theory of our understanding.
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  37. In defence of the interest theory of right-holding : rejoinders to LeifWenar on rights.Matthew H. Kramer - 2017 - In Mark McBride (ed.), New Essays on the Nature of Rights. Portland, Oregon: Hart.
     
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  38.  35
    Preserving the interest theory of rights.Mark McBride - 2020 - Legal Theory 26 (1):3-39.
    ABSTRACTAccording to interest theorists of rights, rights function to protect the right-holder's interests. True. But this leaves a lot unsaid. Most saliently here, it is certainly not the case that every agent who stands to benefit from performance of a duty gets to be a right-holder. For a theory to allow this to be the case—to allow for an explosion of right-holders—would be tantamount to a reductio thereof. So the challenge for interest theorists is to respect the (...)
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  39.  79
    Moral methodology and the third theory of rights.Saladin Meckled-Garcia - manuscript
    The paper engages the conceptual question of the nature of rights. First, moral methodology for developing criteria to judge the adequacy of theories for the concept of rights is discussed. Standard methodologies for conceptual theory, such as analysis of language practices, appealing to intuitions to test and correct hypotheses, and mixtures of these with appeals to substantive moral values, are shown to fail in important ways to give us reasons to adopt one or another view of the (...)
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  40. Against hybrid theories of concepts.Edouard Machery & Selja Säppälä - unknown
    Psychologists of concepts’ traditional assumption that there are many properties common to all concepts has been subject to devastating critiques in psychology and in the philosophy of psychology. However, it is currently unclear what approach to concepts is best suited to replace this traditional assumption. In this article, we compare two competing approaches, the Heterogeneity Hypothesis and the hybrid theories of concepts, and we present an empirical argument that tentatively supports the former over the latter.
     
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  41. Raymond plant.Welfare Rights - 1988 - In J. Donald Moon (ed.), Responsibility, Rights, and Welfare: The Theory of the Welfare State. Westview Press. pp. 55.
     
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  42. Hybrid Theories of Moral Statements.Stephen Barker - 2013 - In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Hoboken, NJ: Blackwell.
    Hybrid theories are metaethical theories concerning the content of sentences about moral value. These theories claim that sentences with ethical content express two kinds of mental state. One state is an affect‐like state. The other is a belief‐like state. The expressed affect‐like state will involve a moral attitude of some kind, such as approval, but it is not part of the truth‐conditions of the sentence. We can divide hybridists into two kinds.
     
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  43. The Methodological Problems of Theory Unification (in the context of Maxwell's fusion of optics and electrodynamics).Rinat M. Nugayev - 2016 - Philosophy of Science and Technology (Moscow) 21 (2).
    It is discerned what light can bring the recent historical reconstructions of maxwellian optics and electromagnetism unification on the following philosophical/methodological questions. I. Why should one believe that Nature is ultimately simple and that unified theories are more likely to be true? II. What does it mean to say that a theory is unified? III. Why theory unification should be an epistemic virtue? To answer the questions posed genesis and development of Maxwellian electrodynamics are elucidated. It is enunciated (...)
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  44.  16
    The Lockean Theory of Rights[REVIEW]John Dunn - 1995 - International Studies in Philosophy 27 (2):137-138.
  45. On ‘Hybrid’ Theories of Personal Good.Thomas Hurka - 2019 - Utilitas 31 (4):450-462.
    Hybrid’ theories of personal good, defended by e.g. Parfit, Wolf, and Kagan, equate it, not with a subjective state such as pleasure on its own, nor with an objective state such as knowledge on its own, but with a whole that supposedly combines the two. These theories apply Moore's principle of organic unities, which says the value of a whole needn't equal the sum of the values its parts would have by themselves. This allows them, defenders say, to combine (...)
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  46.  1
    The Ethical Theory of Hegel; A Study of the Philosophy of Right.H. A. Reyburn - 2018 - Palala Press.
    This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...)
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  47. Rights bearers and rights functions.Anna-Karin Margareta Andersson - 2015 - Philosophical Studies 172 (6):1625-1646.
    The Will Theory of Rights has commonly been criticized for excluding from the class of rights bearers all subjects who are incapable of agency. The Interest Theory of Rights faces the challenge of avoiding undue proliferation of the class of rights bearers. I advance a novel argument for a specific demarcation of the class of rights bearers. I then argue that this demarcation implies that the function of the moral rights of subjects (...)
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  48.  11
    The Ethical Theory of Hegel: A Study of the Philosophy of Right. Hugh A. Reyburn.H. Barker - 1923 - International Journal of Ethics 33 (2):216-218.
  49.  28
    Why does the proof-theory of hybrid logic work so well?Torben Braüner - 2007 - Journal of Applied Non-Classical Logics 17 (4):521-543.
    This is primarily a conceptual paper. The goal of the paper is to put into perspective the proof-theory of hybrid logic and in particular, try to give an answer to the following question: Why does the proof-theory of hybrid logic work so well compared to the proof-theory of ordinary modal logic?Roughly, there are two different kinds of proof systems for modal logic: Systems where the formulas involved in the rules are formulas of the object language, (...)
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  50. A. John Simmons, The Lockean Theory of Rights Reviewed by.Peter A. Schouls - 1993 - Philosophy in Review 13 (3):118-120.
     
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