Kit Barker, ‘“Rights” of Action in Public and Private Law: The Analytics of Enforcement’

ABSTRACT
This chapter is part of a larger book project on legal enforcement. In it, I examine the meaning and importance of rights of action in both private and public law. Rights of action are, I suggest, one kind of legal ‘enforcement’ right, which enable either private or public enforcers to initiate legal proceedings before courts of law in response to the violation of both private and public rights. Much has been made of the importance of rights of action in the private law context by civil recourse theorists in the United States. Here I seek to broaden our understanding of such rights by incorporating reference to their existence and particular configuration in public as well as private law. This broader focus leads me to a slightly different (and ironically slightly more limited) understanding of rights of action that which is posited by civil recourse theorists.

The most important point made in the chapter is that rights of action in modern public and private law are not one, single right, but clusters of Hohfeldian liberties and powers that are also accompanied by a variable group of legal claim rights serving to reinforce them …

Barker, Kit, ‘Rights’ of Action in Public and Private Law: The Analytics of Enforcement (June 1, 2021). Chapter 2 in Kit Barker, Enforcement in Public and Private Law: Paradigms, Exceptions and Hybrids (Oxford University Press, forthcoming).

First posted 2021-08-09 17:00:08

Leave a Reply