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Collective Litigation: A Practical Guide

Dorothea Antzoulatos, Rodger Burnett, Amr El Sawaf
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Planning Law:
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 William Webster, Robert Weatherley


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 Mark Watson-Gandy


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The Tracking Theory of Rights

Mark McBride

ISBN13: 9781509942268
To be Published: November 2026
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00





The tracking theory is a species of the genus hybrid theories of rights – a prominent type of theory of rights, attempting to carve out a third way between interest and will theories of rights. Part of the distinctiveness of the theory is its rootedness in so-called core philosophy – and in work in contemporary epistemology, in particular.

While other third-way theories of rights have recently emerged, the most pressing initial task for any such theory is to situate itself more broadly within the established, heretofore dichotomous, interest/will theory landscape. A key feature of the tracking theory of rights is its value neutrality. The core of the tracking theory is articulated, utilising tools from, and analogising with, Robert Nozick's tracking theory of knowledge. In essence, just as for Nozick beliefs must counterfactually track truth for knowledge; so for the tracking theory of rights control over the duty must track interests on balance in control over the duty for right-holding. Finally, certain jurisprudential applications of the tracking theory are considered and teased out.

Subjects:
Jurisprudence
Contents:
Acknowledgments
Introduction
Part I: Core
1. Tracking
2. Counterexamples

Part II: Alternatives
3. Refinements
4. Evaluation

Part III: Deeper
5. Surrogacy
6. Defectiveness

Series: Law and Practical Reason

Cover of Law's Moral Indifference
Law's Moral Indifference
Andreas Takis
ISBN 9781509972517
To be published September 2031
Hart Publishing
£29.99
Cover of Law's Moral Indifference
Law's Moral Indifference
Andreas Takis
ISBN 9781849460149
To be published April 2030
Hart Publishing
£60.00
Cover of Reasons, Respect, and the Law: Jurisprudence as Practical Philosophy
Reasons, Respect, and the Law: Jurisprudence as Practical Philosophy
Daniel Peixoto Murata
ISBN 9781509968893
To be published September 2027
Hart Publishing
£44.99
Cover of Reasons, Respect, and the Law: Jurisprudence as Practical Philosophy
Reasons, Respect, and the Law: Jurisprudence as Practical Philosophy
Daniel Peixoto Murata
ISBN 9781509968855
Published June 2026
Hart Publishing
£90.00
Cover of Reasons, Respect, and the Law: Jurisprudence as Practical Philosophy (eBook)
Reasons, Respect, and the Law: Jurisprudence as Practical Philosophy (eBook)
Daniel Peixoto Murata
ISBN 9781509968886
Published June 2026
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of The Concept of Legal Personhood: What the Mind Reveals About Law (eBook)
The Concept of Legal Personhood: What the Mind Reveals About Law (eBook)
Claudio Novelli
ISBN 9781509983100
Published February 2026
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of The Concept of Legal Personhood: What the Mind Reveals About Law
The Concept of Legal Personhood: What the Mind Reveals About Law
Claudio Novelli
ISBN 9781509983117
Published February 2026
Hart Publishing
£90.00
Cover of Moral Responsibility and Artificial Intelligence
Moral Responsibility and Artificial Intelligence
Maximilian Kiener
ISBN 9781509956845
Published October 2025
Hart Publishing
£90.00
Cover of A Dynamic Approach to Hans Kelsen's General Theory of Norms
A Dynamic Approach to Hans Kelsen's General Theory of Norms
Edited by: Monika Zalewska, George Pavlakos
ISBN 9781509942763
Published December 2024
Bloomsbury Academic
£90.00
Cover of A Dynamic Approach to Hans Kelsen's General Theory of Norms (eBook)
A Dynamic Approach to Hans Kelsen's General Theory of Norms (eBook)
Edited by: Monika Zalewska, George Pavlakos
ISBN 9781509942770
Published December 2024
Bloomsbury Academic
£40.49

Due to a technical issue some ebooks are not available to order.

Cover of New Essays on the Nature of Legal Reasoning
New Essays on the Nature of Legal Reasoning
Edited by: Mark McBride, James Penner
ISBN 9781509958801
Published November 2023
Hart Publishing
£43.99
Cover of The Making of Constitutional Democracy: From Creation to Application of Law
The Making of Constitutional Democracy: From Creation to Application of Law
Paolo Sandro
ISBN 9781509955213
Published July 2023
Hart Publishing
£43.99
Cover of Law's Humility: Enlarging the Scope of Jurisprudential Disagreement
Law's Humility: Enlarging the Scope of Jurisprudential Disagreement
Triantafyllos Gkouvas
ISBN 9781509945191
Published October 2022
Hart Publishing
£32.99
Cover of New Essays on the Nature of Legal Reasoning (eBook)
New Essays on the Nature of Legal Reasoning (eBook)
Edited by: Mark McBride, James Penner
ISBN 9781509937660
Published May 2022
Hart Publishing
£39.59

Due to a technical issue some ebooks are not available to order.

Cover of New Essays on the Nature of Legal Reasoning
New Essays on the Nature of Legal Reasoning
Edited by: Mark McBride, James Penner
ISBN 9781509937653
Published May 2022
Hart Publishing
£95.00
Cover of The Making of Constitutional Democracy: From Creation to Application of Law
The Making of Constitutional Democracy: From Creation to Application of Law
Paolo Sandro
ISBN 9781509905225
Published January 2022
Hart Publishing
£95.00
Cover of The Making of Constitutional Democracy: From Creation to Application of Law (eBook)
The Making of Constitutional Democracy: From Creation to Application of Law (eBook)
Paolo Sandro
ISBN 9781509905232
Published January 2022
Hart Publishing
Out of print
Cover of Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World
Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World
Aravind Ganesh
ISBN 9781509941315
Published March 2021
Hart Publishing
£80.00
Cover of Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World (eBook)
Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World (eBook)
Aravind Ganesh
ISBN 9781509941322
Published March 2021
Hart Publishing
£34.19

Due to a technical issue some ebooks are not available to order.

Cover of Law's Humility: Enlarging the Scope of Jurisprudential Disagreement
Law's Humility: Enlarging the Scope of Jurisprudential Disagreement
Triantafyllos Gkouvas
ISBN 9781509936502
Published February 2021
Hart Publishing
£80.00
Cover of Law's Humility: Enlarging the Scope of Jurisprudential Disagreement (eBook)
Law's Humility: Enlarging the Scope of Jurisprudential Disagreement (eBook)
Triantafyllos Gkouvas
ISBN 9781509936519
Published February 2021
Hart Publishing
£29.69

Due to a technical issue some ebooks are not available to order.

Cover of The Nature and Value of Vagueness in the Law
The Nature and Value of Vagueness in the Law
Hrafn Asgeirsson
ISBN 9781849466066
Published April 2020
Hart Publishing
£90.00
Cover of The Nature and Value of Vagueness in the Law (eBook)
The Nature and Value of Vagueness in the Law (eBook)
Hrafn Asgeirsson
ISBN 9781509904457
Published April 2020
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of Freedom and Force: Essays on Kant's Legal Philosophy
Freedom and Force: Essays on Kant's Legal Philosophy
Edited by: Sari Kisilevsky, Martin J. Stone
ISBN 9781509932160
Published September 2019
Hart Publishing
£41.99
Cover of Private Law and the Value of Choice
Private Law and the Value of Choice
Emmanuel Voyiakis
ISBN 9781509929740
Published June 2019
Hart Publishing
£41.99
Cover of Freedom and Force: Essays on Kant's Legal Philosophy (eBook)
Freedom and Force: Essays on Kant's Legal Philosophy (eBook)
Edited by: Sari Kisilevsky, Martin J. Stone
ISBN 9781782253075
Published May 2017
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Freedom and Force: Essays on Kant's Legal Philosophy
Freedom and Force: Essays on Kant's Legal Philosophy
Edited by: Sari Kisilevsky, Martin J. Stone
ISBN 9781849463164
Published May 2017
Hart Publishing
£100.00
Cover of Shared Authority: Courts and Legislatures in Legal Theory
Shared Authority: Courts and Legislatures in Legal Theory
Dimitrios Kyritsis
ISBN 9781509913794
Published January 2017
Hart Publishing
£32.99
Cover of Private Law and the Value of Choice (eBook)
Private Law and the Value of Choice (eBook)
Emmanuel Voyiakis
ISBN 9781509902842
Published January 2017
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Private Law and the Value of Choice
Private Law and the Value of Choice
Emmanuel Voyiakis
ISBN 9781841138862
Published January 2017
Hart Publishing
£100.00
Cover of Law and Authority under the Guise of the Good
Law and Authority under the Guise of the Good
Veronica Rodriguez-Blanco
ISBN 9781509908448
Published September 2016
Hart Publishing
£29.99
Cover of Shared Authority: Courts and Legislatures in Legal Theory (eBook)
Shared Authority: Courts and Legislatures in Legal Theory (eBook)
Dimitrios Kyritsis
ISBN 9781782255116
Published January 2015
Hart Publishing
£29.69

Due to a technical issue some ebooks are not available to order.

Cover of Shared Authority: Courts and Legislatures in Legal Theory
Shared Authority: Courts and Legislatures in Legal Theory
Dimitrios Kyritsis
ISBN 9781849463898
Published January 2015
Hart Publishing
£90.00
Cover of Law and Authority under the Guise of the Good
Law and Authority under the Guise of the Good
Veronica Rodriguez-Blanco
ISBN 9781849464499
Published July 2014
Hart Publishing
£85.00
Cover of Law and Authority under the Guise of the Good (eBook)
Law and Authority under the Guise of the Good (eBook)
Veronica Rodriguez-Blanco
ISBN 9781782254270
Published July 2014
Hart Publishing
£26.99

Due to a technical issue some ebooks are not available to order.

Cover of Hannah Arendt and the Law
Hannah Arendt and the Law
Edited by: Marco Goldoni, Chris McCorkindale
ISBN 9781849464970
Published August 2013
Hart Publishing
£33.99
Cover of Hannah Arendt and the Law (eBook)
Hannah Arendt and the Law (eBook)
Edited by: Marco Goldoni, Chris McCorkindale
ISBN 9781847319326
Published August 2013
Hart Publishing
£30.59

Due to a technical issue some ebooks are not available to order.

Cover of Law, Virtue and Justice
Law, Virtue and Justice
Edited by: Amalia Amaya, Hock Lai Ho
ISBN 9781849461757
Published December 2012
Hart Publishing
£110.00
Cover of Law, Virtue and Justice (eBook)
Law, Virtue and Justice (eBook)
Edited by: Amalia Amaya, Hock Lai Ho
ISBN 9781782250333
Published December 2012
Hart Publishing
£99.00

Due to a technical issue some ebooks are not available to order.

Cover of The Logic of Autonomy: Law, Morality and Autonomous Reasoning (eBook)
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (eBook)
Jan-R Sieckmann
ISBN 9781782250203
Published November 2012
Hart Publishing
£90.00

Due to a technical issue some ebooks are not available to order.

Cover of The Logic of Autonomy: Law, Morality and Autonomous Reasoning
The Logic of Autonomy: Law, Morality and Autonomous Reasoning
Jan-R Sieckmann
ISBN 9781849463461
Published November 2012
Hart Publishing
£100.00
Cover of Hannah Arendt and the Law
Hannah Arendt and the Law
Edited by: Marco Goldoni, Christopher McCorkindale
ISBN 9781849461436
Published April 2012
Hart Publishing
£100.00
Cover of New Essays on the Normativity of Law
New Essays on the Normativity of Law
Edited by: Stefano Bertea, George Pavlakos
ISBN 9781849462389
Published August 2011
Hart Publishing
£100.00
Cover of New Essays on the Normativity of Law (eBook)
New Essays on the Normativity of Law (eBook)
Edited by: Stefano Bertea, George Pavlakos
ISBN 9781847318237
Published August 2011
Hart Publishing
£90.00

Due to a technical issue some ebooks are not available to order.

Cover of Community and Collective Rights: A Theoretical Framework for Rights Held by Groups
Community and Collective Rights: A Theoretical Framework for Rights Held by Groups
Dwight Newman
ISBN 9781841132280
Published July 2011
Hart Publishing
£100.00
Cover of Community and Collective Rights: A Theoretical Framework for Rights Held by Groups (eBook)
Community and Collective Rights: A Theoretical Framework for Rights Held by Groups (eBook)
Dwight Newman
ISBN 9781847317780
Published July 2011
Hart Publishing
£90.00

Due to a technical issue some ebooks are not available to order.

Cover of The Normative Claim of Law
The Normative Claim of Law
Stefano Bertea
ISBN 9781841139678
Published October 2009
Hart Publishing
£110.00
Cover of The Normative Claim of Law (eBook)
The Normative Claim of Law (eBook)
Stefano Bertea
ISBN 9781847317254
Published October 2009
Hart Publishing
£99.00

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A Fair Criminal Law
Emmanuel Melissaris
ISBN 9781849463768

Hart Publishing
Publication Abandoned