A Debate Over Rights
Philosophical Enquiries
Published on 9. March 2000
Book
Paperback/Softback
316 pages
978-0-19-829899-1 (ISBN)
Description
The authors of this volume engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. Each author considers whether rights essentially protect individuals' interests or whether they instead essentially enable individuals to make choices. The book addresses many questions including: What are the necessary and sufficient conditions for the existence of a right? What is the connection between the existence and the enforcement of a right (i.e., between rights and remedies)? Does the identification of rights inevitably involve value judgements? To what extent can rights be in conflict? The answers to these and related questions can illuminatingly clarify, though not finally resolve, some of the present-day controversies over abortion, euthanasia, and animal rights. Anyone interested in the basic nature of rights and other entitlements will profit from reading this book.
Reviews / Votes
the authors expound their positions with admirable vigor and clarity. This work will certainly be of significant interest to anyone concerned with the Hohfeldian jural framework, the "Interest" and "Will" theories of Rights, on the rival analytic and evaluative approaches to the philosophical foundations of rights theory. It is, then, a more than welcome addition to our ongoing "debate over rights" * Jack Wade Nowlin, Dept. of Politics, Princeton University *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 216 mm
Width: 140 mm
Thickness: 19 mm
Weight
448 gr
ISBN-13
978-0-19-829899-1 (9780198298991)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Matthew Kramer is a University Lecturer in Jurisprudence, Cambridge University, and Fellow and Director of Studies in Law, Churchill College, Cambridge.
Nigel Simmonds is a Reader in Jurisprudence, Cambridge University, and Fellow and Director of Studies in Law, Corpus Christi College, Cambridge.
Hillel Steiner is Professor of Political Philosophy, University of Manchester.
Nigel Simmonds is a Reader in Jurisprudence, Cambridge University, and Fellow and Director of Studies in Law, Corpus Christi College, Cambridge.
Hillel Steiner is Professor of Political Philosophy, University of Manchester.
Author
Lecturer in Jurisprudence and FellowLecturer in Jurisprudence and Fellow, Churchill College, Cambridge
Reader in Jurisprudence and Fellow in LawReader in Jurisprudence and Fellow in Law, Corpus Christi College, Cambridge
Professor of Political PhilosophyProfessor of Political Philosophy, University of Manchester
Content
Preface ; Introduction ; Rights Without Trimmings ; 1. Setting the Hohfeldian Table ; 2. Rights Without Trimmings ; Appendix: Getting Hohfeld Right ; Rights at the Cutting Edge ; 1. Background ; 2. The Fundamental Issues ; 3. Hohfeld and the Fragmentation of Rights ; 4. Hohfeld and the Kantians ; 5. The Interest Theory of Rights ; 6. The Modern Will Theory ; Working Rights ; 1. Preliminary Intuitions about Rights ; 2. From Hohfeld to Hart: The Modern Will Theory ; 3. Some Apparent Problems with the Will Theory ; 4. From Hart to Kant: The Classical Will Theory (Partly) Redeemed ; 5. Some Real Problems with the Interest Theory ; Index