Pierfrancesco Biasetti

La riflessione angloamericana sui diritti: oltre le teorie della scelta e dell'interesse?

  • Abstract

Informations and abstract

Keywords: Rights; Hohfeld; Choice Theory; Interest Theory.

At least since H.L.A. Hart the issue regarding the specific function - or the specific functions - of rights-talk has been a subject of philosophical investigation. The literature has become polarized around two great theoretical groupings, formed by the choice and interest theories. The debate between these two theories has reached in the last decade a stalemate. Both theories, despite their specific strengths, seem to possess defects so serious to make them untenable. For these reasons, the last decade has seen the birth of many new theoretical proposals. The object of this paper is the analysis of the most promising ones, and the evaluation of their characteristics. In particular, I will analyse Leif Wenar's multiple-functions approach, George Rainbolt's theory of rights as justified constraints, Gopal Sreenivasan's hybrid theory of claim-rights, and Rowan Cruft's inclusive approach.

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