The Unavoidability of Evaluation for Interest Theories of Rights

Autor:	Mark McBride
Rok vydání:	2020
Předmět:	Battle Principal (commercial law) Extant taxon Law Political science media_common.quotation_subject Public interest theory Third-party beneficiary Law and economics media_common
Zdroj:	Canadian Journal of Law & Jurisprudence. 33:293-315
ISSN:	2056-4260 0841-8209
DOI:	10.1017/cjlj.2020.11
Popis:	In debates over rights, as much as, or perhaps more than, in any philosophical debate, it is important to see the wood from the trees. A little while ago, new life was breathed into debates over rights, as a new candidate theory emerged to rival the extant options. More specifically, Gopal Sreenivasan’s hybrid theory of (claim-) rights emerged to rival both will theory and interest theory. This new hybrid theory underwent a series of skirmishes with the interest theory. Moving from the wood, one principal ground over which battle ensued is the so-called third party beneficiary issue. And, more specifically still, descending into the trees, a particular problem within the foregoing third party beneficiary debate centred on what I shall dub Gopal’s Granny, a case wielded by Gopal Sreenivasan, particularly against one of the foremost defenders of the interest theory, Matthew Kramer.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::e19a6d54fa73debb04ad51ef5350634c https://doi.org/10.1017/cjlj.2020.11 Zobrazit plný text záznamu