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Publications [#244993] of Gopal Sreenivasan

Duke :: Philosophy :: Faculty :: Gopal Sreenivasan

Papers Published

  1. Sreenivasan, G, A hybrid theory of claim-rights, Oxford Journal of Legal Studies, vol. 25 no. 2 (June, 2005), pp. 257-274, Oxford University Press (OUP) [doi].
    (last updated on 2024/04/24)

    Abstract:
    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.


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