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The Concept of Rights
The justified-constraint theory avoids the problems which have bedeviled the interest/benefit theories and the choice/will theories. It also solves the puzzle of the relational nature of rights. On the justified-constraint view, an obligation correlative to a right is to the right-holder when it is a feature of the right-holder that justifies the obligation. The analysis also shows that, as far as the concept of rights is concerned, any sort of individual or group can have rights. The limits on what sorts of things have rights are substantive, not conceptual. Moreover, the justified-constraint solves the problem of the rights of past and future generations.
A treatise of legal philosophy and general jurisprudence: Vol.1 : The law and the right, Vol.2 : Foundations of Law, Vol.3 : Legal Institutions and the Sources of Law, Vol.4 : Scienta Juris, Legal Doctrine as Knowledge of Law and as a Source of Law, Vol.5 : Legal Reasoning, A Cognitive Approach to the Law
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels.
A treatise of legal philosophy and general jurisprudence ; Vol.7 : The Jurists’ philosophy of law from Rome to the seventeenth century, Vol.8 : A History of the philosophy of law in the common law world, 1600–1900
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels.
