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Balancing interests

Sally Russell looks at how balancing competing interests interacts with criminal law, tort and human rights

An interest is similar to a right. With most rights come corresponding duties. The law protects people’s rights by imposing a duty on others not to interfere with them. This means that one person’s right may compete with another’s, e.g. the right to freedom of expression competes with the right to privacy.

Pound’s theory looked at how to balance interests to achieve justice:

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Pure economic loss

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Psychiatric injury

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