Publications

The Tracking Theory of Claim-Rights

Year of Publication: 2023
Month of Publication: 8
Author(s): Mark McBride
Research Area(s): Legal Theory
Journal Name: Analytic Philosophy
Volume Number: 64
Issue Number: 3
Abstract:

My task here is to articulate my own novel hybrid theory of (claim-)rights, namely, the Tracking Theory of rights. While new, it has historical antecedents. There is nothing (entirely) new under the sun. Its most vivid antecedents come from the fields of epistemology, in particular Robert Nozick's work, and legal philosophy, in particular Gopal Sreenivasan's work. I am happy to stand on the shoulders of giants. Here I want to freshly articulate the theory from the ground up. So the challenge will be to keep the articulation of the Tracking Theory front and centre, but, naturally, indebtedness to Nozick and Sreenivasan will be woven in at multiple junctures. My Tracking Theory will neither stand nor fall with Nozick's. The relation is more subtle. The strategy is to trade on the indubitable subtlety of Nozick's epistemology to capture the structure of a central normative concept.