Taking Rights Seriously¶
Dworkin, R. (1977). Taking Rights Seriously. Harvard University Press.
Cited by¶
2 citations across 2 artifacts.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Discretion
- Ronald Dworkin's (1977) often-quoted image captures the bounding relation exactly: discretion "is like the hole in a doughnut" and "does not exist except as an area left open by a surrounding belt of restriction."
This sourceSource of the doughnut-hole image ('discretion ... does not exist except as an area left open by a surrounding belt of restriction'), the weak-versus-strong discretion distinction, and the challenge to Hart over how much genuine discretion judges possess.
- Ronald Dworkin's (1977) often-quoted image captures the bounding relation exactly: discretion "is like the hole in a doughnut" and "does not exist except as an area left open by a surrounding belt of restriction."
- Rights vs. Freedoms
- The distinction also clarifies what counts as a conflict: when two rights claims collide (right to confidentiality versus right to information access in medical contexts), institutional design must balance them; when two freedoms collide (freedom of speech versus freedom from harassment), the framework asks whether one imposes a duty on the other and what trade-off is justified.
This sourceSource of the doughnut-hole image (discretion exists only as an area left open by a surrounding belt of restriction), the weak-versus-strong discretion distinction, and the challenge to Hart over how much genuine discretion judges actually possess.
- The distinction also clarifies what counts as a conflict: when two rights claims collide (right to confidentiality versus right to information access in medical contexts), institutional design must balance them; when two freedoms collide (freedom of speech versus freedom from harassment), the framework asks whether one imposes a duty on the other and what trade-off is justified.
Verification¶
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Registry ID ref:bdecbd190989 · see in the full table