The Possibility of Private Rights and Duties
6 Faulkner Law Review 65 (2014) (invited)
21 Pages Posted: 16 Jul 2016
Date Written: October 2014
Is it possible for us to know what we owe others, or do we need the state to tell us? Over the last century or so, much American legal scholarship has proceeded on the basis of O.W. Holmes’ assertion that private legal obligations — rights, wrongs, and duties — are illusions. This lecture from the 2014 Faulkner Law Review symposium makes a first step toward critiquing that assumption.
Keywords: rights, duties, wrongs, Holmes, legal realism, perfectionism, jurisprudence, property theory
Suggested Citation: Suggested Citation