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Institutions of LawAn Essay in Legal Theory$
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Neil MacCormick

Print publication date: 2007

Print ISBN-13: 9780198267911

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780198267911.001.0001

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Legal Positions and Relations: Rights and Obligations

Legal Positions and Relations: Rights and Obligations

(p.117) 7 Legal Positions and Relations: Rights and Obligations
Institutions of Law

Neil MacCormick

Oxford University Press

This chapter begins by analyzing ‘obligations’ in the sense of ‘legal ties’ or ‘vincula iuris’, that is, in the sense involved in discussions of the ‘law of obligations’. It then considers rights in relation to duties, with a view to showing when rights exist and how they correlate with duties, in particular whether or not some element of choice about or control over another person's fulfilment of a duty is necessarily involved. Finally, more complex rights of the kind involved, for example, in human rights instruments are explained in a preliminary way.

Keywords:   law of obligations, conduct, rights, states, passive rights, active rights

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