Description

Just what is a right? Jakob Weissinger approaches this central problem of jurisprudence by critically examining the purpose of such normative concepts and carefully analysing the fundamental elements of normative practice like actions, decisions, the logic of norms and values as well as the plurality of normative practice. Interlinking the insights won, he outlines a stand-alone theory of rights which emphasises the empowering dimension of rights in the process of justifying (legal) rules. Not only does he question well-established theories, such as Hohfeld's famous analysis of legal conceptions, but aspires to set future debates in legal theory, especially those surrounding rights such as the long-standing dispute between interest and choice theories of rights, on new and more solid meta-theoretical ground.

Content and Competence: A Descriptive Approach to the Concept of Rights

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Paperback / softback by Jakob Weissinger

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Just what is a right? Jakob Weissinger approaches this central problem of jurisprudence by critically examining the purpose of such... Read more

    Publisher: JCB Mohr (Paul Siebeck)
    Publication Date: 16/10/2019
    ISBN13: 9783161570308, 978-3161570308
    ISBN10: 3161570308

    Number of Pages: 269

    Non Fiction , Law , Education

    Description

    Just what is a right? Jakob Weissinger approaches this central problem of jurisprudence by critically examining the purpose of such normative concepts and carefully analysing the fundamental elements of normative practice like actions, decisions, the logic of norms and values as well as the plurality of normative practice. Interlinking the insights won, he outlines a stand-alone theory of rights which emphasises the empowering dimension of rights in the process of justifying (legal) rules. Not only does he question well-established theories, such as Hohfeld's famous analysis of legal conceptions, but aspires to set future debates in legal theory, especially those surrounding rights such as the long-standing dispute between interest and choice theories of rights, on new and more solid meta-theoretical ground.

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