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Rights Theories and Public Trial
Author(s) -
Jaconelli Joseph
Publication year - 1997
Publication title -
journal of applied philosophy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.339
H-Index - 30
eISSN - 1468-5930
pISSN - 0264-3758
DOI - 10.1111/1468-5930.00053
Subject(s) - public interest theory , law and economics , sociology , epistemology , political science , law , public interest , philosophy
Most rights claims are capable of being analysed in terms of both the competing theories of rights, the will theory and the interest theory. Discussion hitherto has concentrated on particular instances of rights claims which are easily accommodated by the one theory but accommodated only with difficulty (if at all) by the other. Such problematic examples have served to illuminate what is at stake between the rival theories. However, in the case of the right to a public trial, I argue that neither theory is capable of accommodating that particular ‘right’.