Rights in Competing Cultures

The present thesis is devoted to the study of the concept of "subjective right". The volume of research is 102 pages. The master thesis consists of introduction, four chapters, conclusion, bibliography. When writing, 110 sources of Russian and foreign literature were used. The introduction reveals the relevance of the problem, indicates the degree of knowledge of the problem, identifies the methodology and methods used, sets a goal and objectives, describes the scientific novelty and demonstrates the thesis's main provisions. The first chapter is devoted to the linguistic analysis of the phrase “subjective right”. The author points to the non-referential nature of the concept and determines the reasons for its “inflation”. The second chapter reveals the content of the main theories of rights – the “theory of the will”, the “theory of interest” and the “theory of freedom”. The conclusion is made about their insolvency in the framework of the institutional theory of law, and the author's theory of rights is substantiated. The third chapter describes the general provisions of the author’s theory of rights, revises the concepts of constitutional rights, powers, absolute rights, natural rights, etc. The fourth chapter analyzes the concept of recognition and concludes that it is necessary to isolate the concepts of struggle for recognition and struggle for the rights. The conclusions claim the impossibility of deriving a single, universal notion of right in isolation from sociocultural features, the linguistic connection of right and legal obligation, the need to introduce a new terminological apparatus. In the framework of the study, the author, using the methodology of the institutional theory of law, proposes two definitions of rights depending on the socio-culture. The deductions make it possible to take a fresh look at many basic concepts of the general theory of law and develop the provisions of the institutional theory of law.