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  1. Preserving the Interest Theory of Rights.Mark McBride - 2020 - Legal Theory 26 (1):3-39.
    ABSTRACTAccording to interest theorists of rights, rights function to protect the right-holder's interests. True. But this leaves a lot unsaid. Most saliently here, it is certainly not the case that every agent who stands to benefit from performance of a duty gets to be a right-holder. For a theory to allow this to be the case—to allow for an explosion of right-holders—would be tantamount to a reductio thereof. So the challenge for interest theorists is to respect the core of the (...)
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  • Legal Personhood and Animal Rights.Visa Kurki - 2021 - Journal of Animal Ethics 11 (1):47-62.
    A relatively recent form of animal activism is lawsuits intended to declare some animals as legal persons. A pioneer of this approach is the U.S.-based Nonhuman Rights Project. This organization’s primary strategy has been to invoke the writ of habeas corpus, which protects the right to personal freedom of “persons.” The article criticizes the notion of legal personhood that the NhRP is employing and explains how an alternative understanding of legal personhood could perhaps make nonhuman rights more palatable for courts.
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  • Meaningful and Meaningless Rights Proclamations.Giulio Fornaroli - forthcoming - Jurisprudence:1-24.
    Rights proclamations are often alleged to be meaningless – ‘nonsense upon stilts’. But what makes a rights proclamation meaningful? In general, I argue, meaningful rights proclamations presuppose the existence of both a duty – directed from some party to another – and an interest whose protection is at least a non-redundant element in the justification of why the duty exists. Further conditions of meaningfulness apply for specifically moral rights proclamations. Here, the interest must be of such moral relevance to ground, (...)
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  • Clarifying Questions About the Nature of Rights.James G. Dwyer - 2020 - Jurisprudence 12 (1):47-68.
    This Article critiques the debate over the nature of rights on the grounds that theorists have failed to specify and defend an ultimate aim, predominantly deployed a standard of success–ext...
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  • Correlativity and the Case Against a Common Presumption About the Structure of Rights.Michael Da Silva - 2020 - Journal of Value Inquiry 54 (2):289-307.
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  • The Architecture of Rights: Models and Theories.David Frydrych - 2021 - Palgrave Macmillan.
    What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and (...)
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  • Rights.Leif Wenar - 2008 - Stanford Encyclopedia of Philosophy.
    Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.
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