Legal Rights


in Ethics in the Public Domain

Published in print August 1995 | ISBN: 9780198260691
Published online March 2012 | e-ISBN: 9780191682148 | DOI:
Legal Rights

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This chapter proposes a general account of rights. The gist of this account is that an individual has a right if an aspect of their well-being is a ground for holding another to be under a duty. It aims to show that this account applies to legal rights. The first section comments against the institutional model. The second and third sections consider the legal justifications and validity for the proposed account of rights. The fourth section explains legal rights and the legal consequences of having a right. The fifth section explores two groups of objections concerned with the relations between law and morality. The sixth section considers further objections which do not turn on the relation between legal and moral rights.

Keywords: institutional model; legal right; moral principle; legal change; liberty rights; legal justification

Chapter.  11652 words. 

Subjects: Jurisprudence and Philosophy of Law

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