In this paper I aim at pointing out some difficulties raised by the so-called thesis of the protective perimeter of liberties (ToPP), that is: the thesis according to which: neither a privilege necessarily involves a claim to non-interference, nor a claim to non-interference necessarily presupposes a privilege. As to the first aspect of the thesis, I argue that it relies on a misleading concept of ‘interference with a liberty’, which surfaces in the examples to which the thesis is made applicable. As to the second aspect of the thesis, I argue that the idea of someone having a claim to be unimpeded in wronging another person is a misleading description of the situation taken into consideration.

SPENA, A. (2012). The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference. LAW AND PHILOSOPHY, 31(2), 161-184 [10.1007/s10982-011-9120-3].

The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference

SPENA, Alessandro
2012-01-01

Abstract

In this paper I aim at pointing out some difficulties raised by the so-called thesis of the protective perimeter of liberties (ToPP), that is: the thesis according to which: neither a privilege necessarily involves a claim to non-interference, nor a claim to non-interference necessarily presupposes a privilege. As to the first aspect of the thesis, I argue that it relies on a misleading concept of ‘interference with a liberty’, which surfaces in the examples to which the thesis is made applicable. As to the second aspect of the thesis, I argue that the idea of someone having a claim to be unimpeded in wronging another person is a misleading description of the situation taken into consideration.
2012
SPENA, A. (2012). The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference. LAW AND PHILOSOPHY, 31(2), 161-184 [10.1007/s10982-011-9120-3].
File in questo prodotto:
File Dimensione Formato  
Spena, The Strange Case.pdf

Solo gestori archvio

Dimensione 389.04 kB
Formato Adobe PDF
389.04 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10447/63514
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 5
  • ???jsp.display-item.citation.isi??? 1
social impact