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A lf R oss on the Concept of a Legal Right
Author(s) -
Spaak Torben
Publication year - 2014
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/raju.12054
Subject(s) - conjunction (astronomy) , presentation (obstetrics) , law and economics , political science , law , epistemology , sociology , philosophy , medicine , astronomy , physics , radiology
In this article, I discuss A lf R oss's claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of legal consequences, and that rights statements render the content of a number of legal norms in a convenient manner. I argue that while R oss's analysis is appealing, it is problematic in at least three respects. I also argue, however, that despite these difficulties Ross's analysis deserves our continued attention, because the fundamental idea—that the concept of a legal right must be understood functionally—is sound.