Podcast
Questions and Answers
What does the term 'legal right to do legal wrong' imply?
What does the term 'legal right to do legal wrong' imply?
- A right that promotes social justice.
- A right to perform actions that are against the law.
- A right that guarantees ethical behavior.
- A right against interference with wrongdoing. (correct)
Which of the following best describes the legal right mentioned?
Which of the following best describes the legal right mentioned?
- A right that ensures compliance with moral standards.
- A right to evade legal duties without consequences.
- A right that protects individuals from legal enforcement of duties. (correct)
- A right that allows individuals to commit any act without accountability.
What example is provided to support the concept of a legal right to do legal wrong?
What example is provided to support the concept of a legal right to do legal wrong?
- Doctrine of diplomatic immunity. (correct)
- Right to due process.
- Right to free speech.
- Right to privacy.
How does the author view the coherence of 'legal right to do legal wrong'?
How does the author view the coherence of 'legal right to do legal wrong'?
What is one common skepticism surrounding the idea of a legal right to do legal wrong?
What is one common skepticism surrounding the idea of a legal right to do legal wrong?
What key feature is necessary for the concept of 'legal rights to do wrong' to be valid?
What key feature is necessary for the concept of 'legal rights to do wrong' to be valid?
How does the author justify some legal rights to do legal wrong as valuable?
How does the author justify some legal rights to do legal wrong as valuable?
In what context is the right to do wrong considered valuable?
In what context is the right to do wrong considered valuable?
What does the term 'right to do wrong' imply in the context of law?
What does the term 'right to do wrong' imply in the context of law?
Which concept allows for the existence of a right to do what the law forbids?
Which concept allows for the existence of a right to do what the law forbids?
In legal terminology, what is suggested by the phrase 'immunity from liability'?
In legal terminology, what is suggested by the phrase 'immunity from liability'?
Which of the following is indicative of a holder of a right to do wrong?
Which of the following is indicative of a holder of a right to do wrong?
Which term is closely associated with the concept of a right to do wrong?
Which term is closely associated with the concept of a right to do wrong?
What contributes to the conceptual coherence of rights to do legal wrongs?
What contributes to the conceptual coherence of rights to do legal wrongs?
According to the discussed legal perspectives, when can rights to do wrong be seen as beneficial?
According to the discussed legal perspectives, when can rights to do wrong be seen as beneficial?
Which of the following demonstrates a potential misconception about legal rights to do wrong?
Which of the following demonstrates a potential misconception about legal rights to do wrong?
Flashcards
Legal Right to Do Legal Wrong
Legal Right to Do Legal Wrong
A legal right to do legal wrong is a right against interference with wrongdoing. It is a right that shields the right holder's legal wrongdoing from legal enforcement.
Right Against Legal Enforcement
Right Against Legal Enforcement
A legal right that protects someone from legal enforcement of their legal duty. It allows someone to break the law without legal consequence.
Coherence and Value of Legal Right
Coherence and Value of Legal Right
A legal right to do legal wrong can be conceptually coherent and at times valuable. It protects legal interests and promotes fairness.
Diplomatic Immunity as an Example
Diplomatic Immunity as an Example
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Scepticism Towards Legal Right to Do Legal Wrong
Scepticism Towards Legal Right to Do Legal Wrong
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Legality and Exceptions to the Law
Legality and Exceptions to the Law
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Right to Do Wrong
Right to Do Wrong
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Immunity from Liability
Immunity from Liability
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Exercising a Right to Do Wrong
Exercising a Right to Do Wrong
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Conflict Between Right & Duty
Conflict Between Right & Duty
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Right Against Interference
Right Against Interference
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Right to Do Wrong as Protection
Right to Do Wrong as Protection
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Category of Rights to Do Wrong
Category of Rights to Do Wrong
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Legal Rights to Do Wrong: Conceptual Coherence
Legal Rights to Do Wrong: Conceptual Coherence
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Study Notes
A Legal Right to Do Legal Wrong
- The article argues that legal rights to do legal wrong are conceptually coherent
- Legal rights to violate legal duty are found within positive law doctrines, and can be beneficial
- The rights holder enjoys a right against interference with their wrongdoing
- The category of legal right to do legal wrong coheres with concepts of right and legality
- Examples exist in diplomatic immunity
- Immunity from liability for duty violation is another coherent type of right to do wrong.
- Diplomatic immunity protects diplomats from legal actions in the host country
- Diplomatic immunity is a legal right to violate legal duties
- Moral right to do legal wrong (e.g., civil disobedience)
- Legal right to do moral wrong (e.g., refusal to perform an easy rescue)
- Moral right to do moral wrong (e.g., abortion)
- Legal rights to do legal wrong represent a legal right against enforcement or interference by others.
- The article argues that legal rights to do wrong are conceptually coherent.
Preliminary Clarifications
- A legal right to do legal wrong entails a norm of non-interference, not just freedom to do wrong
- Legal right to do legal wrong does not permit wrongdoing; it protects it from enforcement
- Rights to do wrong do not necessarily imply the rightness of the action
- Rights are meant to protect interests and choices of right-holders rather than justifying them
- Rights exist in various normative systems including law, morality and socialization.
Legal Rights to Do Legal Wrong, Claim-Rights and Immunities
- Some legal doctrines take the form of legal claim rights e.g., property rights, or immunity.
- A claim right is a right against interference and has a correlative duty on others
- Immunity (a power right) entails freedom from alteration from others
- The article shows that legal rights to do wrong are conceptually coherent
- Immunity can exist without privileges, thus showing rights to do legal wrong can exist independently
- The article gives examples of legal rights to do wrong, including diplomatic immunity and non-prosecution agreements, and provides legal defences for wrongdoing.
- Immunities are rights against interference with wrongdoing, and can provide additional freedom beyond what would otherwise be available in a system
Government Estoppel
- Government estoppel holds governments to the representation of their agents
- Four elements are needed for estoppel: knowledge of the facts, intent in acting, ignorance of facts, and reliance causing injury
- Estoppel grants a legal right to do legal wrong through a right to enjoin government interference
- Estoppel does not necessarily negate the underlying duty.
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