Eine Statustheorie subjektiver Rechte: Kernelemente einer dritten Theorie subjektiver Rechte

The aim of this contribution is to introduce and outline a third theory of rights. Concentrating on claim-rights, it proposes to approach this aim via the concept of a directed duty. This approach is justified by the wid
The aim of this contribution is to introduce and outline a third theory of rights. Concentrating on claim-rights, it proposes to approach this aim via the concept of a directed duty. This approach is justified by the widely shared presupposition that an entity has a right if and only if a duty is owed to this entity. Unlike some prominent other proposals, this contribution does not contrast directed duties with undirected ones. It contrasts two ways a duty can be related to an entity. On the one hand, a duty can be owed to an entity. In this case it is directed to this entity. On the other hand, a duty can concern an entity. There is no reason to presuppose that they exclude each other, on the contrary. Theories of rights have to reconstruct the difference between these two ways a duty can be related to an entity. After having introduced the starting point for a theory of rights in that way, the two classic theories of rights will be rejected, the will theory and the interest theory. The main focus lies on the shortcomings of the different versions of the interest theory. This criticism helps to formulate the conditions a convincing theory of rights has to meet. In the last part, the status theory of rights will be outlined.
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Metadaten
Author:Hubert Schnüriger
URN:urn:nbn:de:hebis:30:3-249199
Parent Title (English):25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series ; 061
Series (Serial Number):25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series (061)
Publisher:Goethe-Univ.
Place of publication:Frankfurt am Main
Document Type:Conference Proceeding
Language:German
Year of Completion:2012
Year of first Publication:2012
Publishing Institution:Univ.-Bibliothek Frankfurt am Main
Release Date:2012/07/20
Tag:Gerichtete Pflichten; Statustheorie von Rechten
Directed Duties; Interest Theory of Rights; Status Theory of Rights; Theories of Rights
Pagenumber:15
Institutes:Rechtswissenschaft
Dewey Decimal Classification:340 Recht
Sammlungen:Universitätspublikationen
Licence (German):License Logo Veröffentlichungsvertrag für Publikationen

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