Searching for the Rights in Human Rights: A Hohfeldian Approach for Human Rights

Matthew O'Neill

Research output: ThesisMaster's Thesis

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Abstract

In this thesis I bring into conversation Wesley Newcomb Hohfeld's anatomy of rights with the literature on human rights. While Hohfeld's work has been broadly accepted in the literature, what makes something a right is much more controversial. Currently the literature has been dominated by two viewpoints, the Interest Theory and the Will Theory. I argue that the Will Theory is unable to capture inalienable rights, and that because a commitment to the existence of human rights implies at least some inalienable rights, the Will Theory is an inappropriate theory of rights for the analysis of human rights.
Original languageEnglish
QualificationMasters
Awarding Institution
  • The University of Western Australia
Thesis sponsors
Award date11 Nov 2019
DOIs
Publication statusUnpublished - 2019

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