单纯 发表于 2025-3-23 11:58:31
and legal theorists (including Matthew Kramer, Hillel Steiner, Antony Duff, Sandra Marshall, Wilfrid Waluchow, and Nicholas Bamforth) tackle issues such as the rights of animals and foetuses, the relationship between law and politics, the requirements of justice, the demands of practical rationalit模范 发表于 2025-3-23 16:38:11
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Getting Rights Right,ill Theory, can be tersely and approximately summarized in the following two theses:.For the Interest Theory, then, the essence of a right consists in the normative protection of some aspect(s) of the right-holder’s well-being. The two principal tenets of the Interest Theory are squarely rejected byNAG 发表于 2025-3-24 18:32:33
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Property and Justice,anded by modern ideals of political legitimacy. However, the aspiration to maintain this distinction faces special difficulties with respect to the common law, where the judiciary has the power to make law. In response to these difficulties, courts and commentators have often sought refuge in a concMorose 发表于 2025-3-25 00:55:54
Rights, Rationality and the Law of Negligence,ablish the existence of a duty of care by demonstrating the reasonable foreseeability of harm and the proximity of his relationship with the defendant. Secondly, he must meet the law’s requirements relating to breach of duty, causation of damage, and remoteness of harm.. A . right of the sort here d