I think "rights" must include contingent rights — those that have not yet been upheld by a court. Those rights are surely the correlative of someone else's obligations — in this case the government's — as you will remember if you took the jurisprudence paper and had to read Hohfeld.
And I don't accept that lawyers make new law. They may initiate the law-making process. But lawyers are powerless unless they can persuade the courts to find in their favour.
Thanks for the mention, Simon.
I think "rights" must include contingent rights — those that have not yet been upheld by a court. Those rights are surely the correlative of someone else's obligations — in this case the government's — as you will remember if you took the jurisprudence paper and had to read Hohfeld.
And I don't accept that lawyers make new law. They may initiate the law-making process. But lawyers are powerless unless they can persuade the courts to find in their favour.
Joshua