Abstract: Abstract This chapter analyses the state’s responsibility to provide a venue for civil recourse (ordinarily, by means of a private right of action). Civil recourse theorists have explained the state’s obligation to provide for private rights of action in terms of social contracts. On this view, the state owes its citizens a means to act against a wrongdoer, given that the state has largely prohibited self-help. Such accounts are discussed along with an alternative to a social contract theory: the state may be a fiduciary to its citizens. Elaborating on the fiduciary account, this chapter suggests the state may have an obligation to provide for private law institutions of a certain type. Notably, part of the state’s responsibility may be to provide private law institutions that facilitate pursuit of those projects that individuals find meaningful. Provision for rights of redress may then be an important component of the state’s fiduciary obligations.
Publication Year: 2020
Publication Date: 2020-07-16
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot