A hybrid theory of claim-rights
Published
Journal Article
In this article, I propose and defend a new analysis of claim-rights. My proposal is a hybrid of the two best known analyses, the Will theory and the Interest theory. For good reason, the debate between these theories is often regarded as a stand-off. That is because the Will theory has had no satisfactory answer to the Interest theory's best objections (inalienable rights and incompetent right-holders), while the Interest theory has likewise had no satisfactory answer to the Will theory's best objection (third party beneficiaries). After reviewing these various objections and criticizing some recent attempts to meet them, I introduce my hybrid alternative and explain how it provides a satisfactory solution to all of these objections. © The Author 2005. Published by Oxford University Press. All rights reserved.
Full Text
Duke Authors
Cited Authors
- Sreenivasan, G
Published Date
- June 1, 2005
Published In
Volume / Issue
- 25 / 2
Start / End Page
- 257 - 274
International Standard Serial Number (ISSN)
- 0143-6503
Digital Object Identifier (DOI)
- 10.1093/ojls/gqi013
Citation Source
- Scopus