Why rights are not optimisation requirements.

In this article I pursue the implications of the statement that constitutional rights are – as Alexy's principles theory argues – optimisation requirements, and show that they are not. I argue that, applied to moral rights, optimisation obfuscates their nature, their relationship to human well-being...

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Bibliographic Details

Published in:	Jurisprudence Vol. 10; no. 3; pp. 354 - 375
Main Author:	Zanghellini, Aleardo
Format:	Article
Published:	Taylor & Francis Ltd Sep2019
Subjects:	Civil rights Deontological ethics Well-being Discretion Proportionality in law
Online Access:	View this record in EBSCOhost