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Public goods, individual rights and third-party benefits

In Mark McBride (ed.), New Essays on the Nature of Rights. Portland, Oregon: Hart (2017)

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  1. Preserving the interest theory of rights.Mark McBride - 2020 - Legal Theory 26 (1):3-39.
    ABSTRACTAccording to interest theorists of rights, rights function to protect the right-holder's interests. True. But this leaves a lot unsaid. Most saliently here, it is certainly not the case that every agent who stands to benefit from performance of a duty gets to be a right-holder. For a theory to allow this to be the case—to allow for an explosion of right-holders—would be tantamount to a reductio thereof. So the challenge for interest theorists is to respect the core of the (...)
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