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The Analysis of Rights[Note 1. The author is grateful to Eric Bates, Strefan Fauble, ...]
Author(s) -
Penner J. E.
Publication year - 1997
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00063
Subject(s) - scrutiny , normative , law and economics , relation (database) , fundamental rights , political science , law , human rights , sociology , epistemology , philosophy , computer science , database
The author argues that the interest theory of rights is clearly preferable to the choice theory of rights and that this is due in large part to the work of Raz and MacCormick. Critical scrutiny of their views, however, reveals a flawed conception of the way that rights reflect interests. The author contends that a superior relation between rights and interests can be formulated, in which rights are identified with a constellation of norms within a normative system which reflect the interests which justify them, but wherein rights are not coextensive with interests conceived as reasons for the imposition of duties.