Jump to ContentJump to Main Navigation
H.L.A. Hart, Second Edition$
Users without a subscription are not able to see the full content.

Neil MacCormick

Print publication date: 2008

Print ISBN-13: 9780804756785

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804756785.001.0001

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 20 September 2019

Rights

Rights

Chapter:
(p.113) Chapter Eight Rights
Source:
H.L.A. Hart, Second Edition
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804756785.003.0008

The term “right” is used properly and in a quite standard way in both law and morality. H. L. A. Hart's theory of rights was not only an adjunct to and testing ground for his theory of obligations and powers, but also belongs in part to his scholarly appreciation of other writers such as Jeremy Bentham. Hart accepted the Benthamite view that one should not define or explain terms such as “right” by proposing a definition per genus et differentiam. There may be objections to Hart's “choice theory,” but he considers a theory of duties and of powers to be fully sufficient to the elucidation of rights. He has always argued that concepts such as “legal right” presuppose the existence of a “legal system.”

Keywords:   H. L. A. Hart, right, law, morality, theory of rights, obligations, powers, duties, Jeremy Bentham, choice theory

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.