Content and Competence 978-3-16-157031-5 - Mohr Siebeck
Law

Jakob Weissinger

Content and Competence

A Descriptive Approach to the Concept of Rights

[Inhalt und Kompetenz. Eine Annäherung an einen Begriff subjektiver Rechte.]

2019. XIII, 256 pages.

Rechtstheorie • Legal Theory 1

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Published in English.
Jakob Weissinger unpicks a central problem in jurisprudence – the concept of rights – by examining other core concepts of normative practice and how they are interwoven. The result is a stand-alone theory which fundamentally questions established approaches.
Just what is a right? Jakob Weissinger approaches this central problem of jurisprudence by critically examining the purpose of such normative concepts and carefully analysing the fundamental elements of normative practice like actions, decisions, the logic of norms and values as well as the plurality of normative practice. Interlinking the insights won, he outlines a stand-alone theory of rights which emphasises the empowering dimension of rights in the process of justifying (legal) rules. Not only does he question well-established theories, such as Hohfeld's famous analysis of legal conceptions, but aspires to set future debates in legal theory, especially those surrounding rights such as the long-standing dispute between interest and choice theories of rights, on new and more solid meta-theoretical ground.
Authors/Editors

Jakob Weissinger Born 1986; study of law at the University of Münster ; 2013 first legal state examination; academic assistant at the Institute for Criminal Law and Criminal Procedural Law at the University of Münster; 2018 dissertation; legal clerkship in Cologne and academic assistant at the Institute for Foreign and International Criminal Law at the University of Cologne.

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