Chapter

Legal Rights

H. L. A. Hart

in Essays on Bentham

Published in print November 1982 | ISBN: 9780198254683
Published online March 2012 | e-ISBN: 9780191681509 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254683.003.0008
Legal Rights

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The notion of a legal right has proved in the history of jurisprudence to be very elusive: how elusive may be judged not only from the well-known division of theories into ‘Will theories’ and ‘Interest theories’ but also from some of the interesting though also strange things that jurists and others have said about rights. They have on the whole hammered rights with sceptical doubts much harder than obligations or duties. Duguit, for example, held that there were legal duties but no legal rights; Austin, Bentham, and in our own day, Ross, while apparently admitting that there may be non-legal obligations or duties insist that ‘strictly’ the only rights are legal rights.

Keywords: jurisprudence; legal rights; jurists; duties; non-legal obligations; Bentham; Ross

Chapter.  13591 words. 

Subjects: Jurisprudence and Philosophy of Law

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