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What's Wrong with Infringements (Insofar as Infringements are Not Wrong)?: A Reply

15 Pages Posted: 18 May 2009  

John Oberdiek

Rutgers Law School; Rutgers, The State University of New Jersey - School of Law - Camden

Date Written: May 2008

Abstract

An earlier article of mine, 'Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights', was devoted to rebutting Judith Jarvis Thomson's arguments in favor of incorporating the distinction between (permissibly) infringing and (impermissibly) violating a right. In 'A Defence of Infringement', Andrew Botterell maintains that my criticisms and attempted rebuttals of Thomson's position fail, and that despite my efforts to show otherwise, the category of right infringements is secure. In this reply, I explain why I demur.

Suggested Citation

Oberdiek, John, What's Wrong with Infringements (Insofar as Infringements are Not Wrong)?: A Reply (May 2008). Law and Philosophy, Vol. 27, No. 3, 2008. Available at SSRN: https://ssrn.com/abstract=1403318

John Oberdiek (Contact Author)

Rutgers Law School ( email )

217 North 5th Street
Camden, NJ 08102
United States
856-225-6513 (Phone)

Rutgers, The State University of New Jersey - School of Law - Camden ( email )

217 North 5th Street
Camden, NJ 08102
United States
856-225-6513 (Phone)

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