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What Is the Will Theory of Rights?

Ratio Juris 32 (4):455-472 (2019)

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  1. Education: A Compulsory Right? A Fundamental Tension Within a Fundamental Right.José-Luis Gaviria - 2022 - British Journal of Educational Studies 70 (6):653-675.
    This paper is on the paradox of a right, the right to education that is almost universally declared as compulsory. The reason for the compulsion seems to be in its nature as a right. Within a Hohfeldian framework, any claim-right has a corresponding duty. Given that making education compulsory equates to establishing a duty, the possible candidates to the duty generating right-bearers are considered.The rationales for compulsion from the points of view of positive (for one’s own good), negative (no compulsion (...)
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