Instituttlunsj: Positive and negative rights
Johan Vorland Wibye innleder. Professor Christoffer C. Eriksen leder lunsjen.
Johan Vorland Wibye. Foto: IOR.
The concern is not so much with the content of positive and negative rights, but with whether a distinction can be made between the two. A key step is to evaluate the basis and internal consistency of the criticism against the distinction.
Wibye’s project lies within the field of rights theory. The aim is to explore ways of differentiating between legal rights based on their form and structure, rather than distinctions based on normative hierarchies, the source of the legal right in question, its function, its carrier or what action it regulates. Two of the candidates for distinctions between legal rights based on their structure are the Hohfeldian analysis of rights and the possible dichotomy between positive and negative rights. All candidates will be assessed according to their ability to clarify the properties of both national and international rights legislation.
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