Private Law Theory

Many types of legal dispute present the problem of how to ‘balance’ the competing or conflicting rights or interests of multiple parties. The language of balancing competing rights appears in academic and judicial discourse surrounding human rights, equalities, tort, remedies, property, and many other areas of law. At the same time, there is lively philosophical debate about the usefulness of this language and whether it is even coherent to characterise ‘rights’ as capable of being in ‘conflict’ with each other … (more)