Alf Ross on the Concept of a Legal Right |
| |
| Authors: | Torben Spaak |
| |
| Institution: | Department of Law, Stockholm University, , Stockholm, Sweden Professor of Jurisprudence, Department of Law, Stockholm University. I would like to thank Lennart ?qvist for helpful comments on the article. I would also like to thank Uta Bindreiter and Mauro Zamboni as well as the participants in the advanced seminars in jurisprudence and practical philosophy for helpful comments on an earlier version of the article. Last but not least, I would like to thank Robert Carroll for checking my English. The usual caveat applies, however: The author alone is responsible for any remaining mistakes and imperfections. |
| |
| Abstract: | In this article, I discuss Alf Ross's claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of legal consequences, and that rights statements render the content of a number of legal norms in a convenient manner. I argue that while Ross's analysis is appealing, it is problematic in at least three respects. I also argue, however, that despite these difficulties Ross's analysis deserves our continued attention, because the fundamental idea—that the concept of a legal right must be understood functionally—is sound. |
| |
| Keywords: | |
|
|
