JOURNAL ARTICLE

Rights against the world.

  • Published In: Analysis, 2024, v. 84, n. 2. P. 311 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Sreenivasan, Gopal 3 of 3

Abstract

The article focuses on clarifying the nature of rights "against the world," explaining that these correspond to rights in rem but are not synonymous with general rights, contrary to H.L.A. Hart’s view. It distinguishes two orthogonal pairs of rights: rights in rem versus rights in personam (based on the scope of correlative duties), and general rights versus special rights (based on the basis or justification of the rights). Rights against the world (rights in rem) can be either general, such as moral human rights held by everyone initially, or special, such as property rights justified by Locke’s labor theory, which only some individuals hold. The article also discusses complications like waivers of duties and alternative interpretations of human rights, including a state-centric view that challenges their classification as general rights in personam.

Additional Information

  • Source:Analysis. 2024/04, Vol. 84, Issue 2, p311
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:0003-2638
  • DOI:10.1093/analys/anad067
  • Accession Number:177325586
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