Creating Rights, Terminating Rights, Overcoming Legal Conflicts

At the heart of this paper are judges and their obligations to ensure that conflicts over fragmented rights cured, fundamental stewarded, justice prevails. There several respected legal theories have never been examined together before, but when three them placed in a nexus constitutional law, we find these ideas support broad powers for courts control distribution allocation rights, enabling resolution at many social levels. First, succession scholars has identified risks ‘fragmenting rights’, allocating overlapping too parties. The danger presented is those rights-holders may lose use or privileges; outcome known as ‘Tragedy Anticommons’. Too held by parties, ‘fragmentation can lead lack access justice. Second, Nobel Laureate Ronald Coase, who found initial allocations across community might allocated manner frustrates negotiations other means avoid conflicts; an opportunity obligation reset better enable society toflourish. Third, Yale scholar Robert Cover wrote should terminate claims so litigious large, return more harmonious co-existence. methodology ‘jurispathic’ was both ethical robust solving Dworkin’s ‘hard cases’. This investigates jurisprudences what impact scholars. delivers original theoretical findings provides functional approaches best before maintenance privileges all documents argument courts, especially power solve arising from rules culturesthan law previously assumed feasible.