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Primary and Secondary Rights in Private Law

Bartscherer, Caspar Julius Ferdinand; (2020) Primary and Secondary Rights in Private Law. Doctoral thesis (Ph.D), UCL (University College London). Green open access

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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.

Type: Thesis (Doctoral)
Qualification: Ph.D
Title: Primary and Secondary Rights in Private Law
Event: UCL (University College London)
Open access status: An open access version is available from UCL Discovery
Language: English
Additional information: © The Author 2020. Original content in this thesis is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) Licence (https://creativecommons.org/licenses/by-nc/4.0/). Any third-party copyright material present remains the property of its respective owner(s) and is licensed under its existing terms. Access may initially be restricted at the author’s request.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10089053
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