Waldron on Special Rights in rem
Bibliographic Data
| ID | 9687643 |
|---|---|
| Authors | Renato Cristi (Wilfrid Laurier University, corresponding author) |
| Year | 1994 |
| Volume | 33 |
| Issue | 2 |
| Pages | 183-190 |
| Publication date | 1994-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Dialogue (JOURNAL) |
| Journal identifiers | ISSN: 0012-2173 • E-ISSN: 1759-0949 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0012217300010489 |
| OpenAlex | W2138067590 |
| Language | EN |
| References cited | 7 |
Jeremy Waldron's analysis of right-based arguments for private property makes use of the distinction drawn by H. L. A. Hart between special and general rights. Special rights, according to Hart, “arise out of a special transaction between individuals, or out of some special relationship in which they stand to each other.” As a result, “both the persons who have the right and those who have the corresponding obligation are limited to the parties to the special transaction or relationship.” Thus if A has consented to pay me $9.99 for the sale of a particular item, the right I have acquired over the $9.99, which is presently deposited in A's bank account, is a special right. Correlative to my right over the money she owes me, A now has a duty to pay her debt. The duty that has been generated is limited to the party of the special transaction, and so the duty belongs to no one but A. Thus, a special right is a right in personam (or ius ad rem ). It is a right directed against a particular person and not against the world at large
Business · Database transaction · Duty · Economics · Law and economics · Obligation · Political science · Property rights · Special Interest Group · American Constitutional Law and Politics · Computer Science · Law · Legal principles and applications · Political Philosophy and Ethics
| Citation velocity | historical |
|---|---|
| Highly cited | No |