This article is an exploration of the relationship between the concepts of rights, damage and loss. The focus of the analysis is on the law of negligence, though some of the claims have wider ramifications. The article is divided into three main sections: first, on the relationship between rights and damage; second, on the relationship between rights and loss; and third, on the relationship between damage and loss. In each section, a separate, but related, claim is made: (i) that a concept of damage is a necessary component of a plausible rights-based conception of negligence law; (ii) that a right not to suffer loss is conceptually impossible; and (iii) that damage and loss are fundamentally different concepts.
Donal Nolan, Rights, Damage and Loss. Oxford Journal of Legal Studies (2016), doi: 10.1093/ojls/gqw018. First published online: July 28, 2016.