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David Frydrych
New York University
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  1.  17
    The Theories of Rights Debate.David Frydrych - 2018 - Jurisprudence 9 (3):566-588.
    This is the first comprehensive explanation and survey of the Interest-Will theories of rights debate. It elucidates the traditional understanding of it as a dispute over how best to explain A RIGHT and clarifies the theories’ competing criteria for that concept. The rest of the article then shows why recent developments are either problematic or simply fail to actually advance the debate. First, it is erroneous, as some theorists have done, to frame the entire debate in terms of competing explanations (...)
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  2.  11
    Kramer’s Delimiting Test for Legal Rights.David Frydrych - 2017 - American Journal of Jurisprudence 62 (2):197-207.
    Professor Matthew Kramer offers a delimiting ‘criterion’ or test for his Interest Theory of legal claim-rights. The ‘Minimum Sufficiency’ test is thought necessary because the Interest Theory is charged with being over-inclusive: it purportedly counts certain agents and entities as legal right-holders even though the law itself does not recognize them as such. This paper nonetheless argues that Kramer’s test is inadequate and unnecessary. It proceeds as follows. Section II offers a brief explanation of the Interest and Will Theories of (...)
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