Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.798722
Title: Primary and secondary rights in private law
Author: Bartscherer, Caspar Julius Ferdinand
ISNI:       0000 0004 8508 3326
Awarding Body: UCL (University College London)
Current Institution: University College London (University of London)
Date of Award: 2020
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Abstract:
The thesis concerns the distinction between primary and secondary rights that is often drawn by theorists and practitioners of private law. The thesis examines what the theorists and practitioners who use these terms think that they are identifying, what consequences flow from classifying the law in this way, and whether doing this illuminates any of the problems in which they are interested. Although their views of how to understand the law through the prism of the distinction differ, they all appear to build from a common conception of the distinction, which was introduced into English legal theory almost two hundred years ago by John Austin. However, their views are also based on other assumptions about The Distinction, some articulated and some implicit, that for a variety of reasons do not stand up to scrutiny. So, while the distinction is helpful in some ways, it also contributes a great deal of confusion to our understanding of private law, and has less explanatory force than some of its adherents believe. The aim of the thesis is to clear up these misapprehensions and enable private law theorists and practitioners to use the distinction with greater precision.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.798722  DOI: Not available
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