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p. 654. Rights and justicelocked

  • Raymond Wacks


‘Rights and justice’ asks: What is a right? Is there a distinction between my rights as recognized by the law, and rights that I believe I ought to have? It examines the two major theories of rights: ‘will’ theory which holds that when I have a right to do something, what is effectively protected is my choice whether or not to do it; and ‘interest’ theory which claims that the purpose of rights is to protect, not my individual choice, but certain of my interests. Rights, legal and moral, pervade the law and legal system, and are thus a central concern of jurisprudence. John Rawls' concept of justice as fairness is also considered.

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