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RESEARCH PRODUCT
The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference
Alessandro Spenasubject
Rights. Protective perimeter of liberties. Claims to non-interference.Settore IUS/20 - Filosofia Del DirittoPublic interest theoryNon interferencePrivilege (computing)PhilosophyGeneral dutyLawSociologyPolitical philosophyPhilosophy of lawSettore IUS/17 - Diritto PenaleLawLaw and economicsdescription
In this paper I aim at pointing out some difficulties raised by the so-called thesis of the protective perimeter of liberties (ToPP), that is: the thesis according to which: neither a privilege necessarily involves a claim to non-interference, nor a claim to non-interference necessarily presupposes a privilege. As to the first aspect of the thesis, I argue that it relies on a misleading concept of ‘interference with a liberty’, which surfaces in the examples to which the thesis is made applicable. As to the second aspect of the thesis, I argue that the idea of someone having a claim to be unimpeded in wronging another person is a misleading description of the situation taken into consideration.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2011-09-08 | Law and Philosophy |