Legal Positions and Relations: Rights and Obligations

Neil MacCormick

in Institutions of Law

Published in print January 2007 | ISBN: 9780198267911
Published online January 2009 | e-ISBN: 9780191714832 | DOI:

Series: Law, State, and Practical Reason

 Legal Positions and Relations: Rights and Obligations

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This chapter begins by analyzing ‘obligations’ in the sense of ‘legal ties’ or ‘vincula iuris’, that is, in the sense involved in discussions of the ‘law of obligations’. It then considers rights in relation to duties, with a view to showing when rights exist and how they correlate with duties, in particular whether or not some element of choice about or control over another person's fulfilment of a duty is necessarily involved. Finally, more complex rights of the kind involved, for example, in human rights instruments are explained in a preliminary way.

Keywords: law of obligations; conduct; rights; states; passive rights; active rights

Chapter.  9557 words. 

Subjects: Jurisprudence and Philosophy of Law

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