Rights and Demands
A Foundational Inquiry
1st Edition
Published on 13. April 2018
320 pages
978-0-19-254319-6 (ISBN)
Description
Rights are often invoked in contemporary moral and political debates, yet the nature of rights is contested. Rights and Demands provides the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. How are such rights possible? Everyday agreements are generally acknowledged to be sources of demand-rights, but what is it about an agreement that accounts for this? The central thesis of this book is that joint commitment is a ground of demand-rights, and that it may be the only ground. In developing this thesis Margaret Gilbert argues in detail for joint commitment accounts of both agreements and promises. The final chapter explains the relevance of its argument to our understanding of human rights. Engaging where appropriate with contemporary rights theory, Gilbert provides an accessible route into this area for those previously unfamiliar with it.
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04/2018
Oxford University Press
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Person
A leading figure in the philosophy of social phenomena, Margaret Gilbert has regularly applied her ideas in that field to significant problems in moral and political philosophy and the philosophy of law. Gilbert has received fellowships from the National Endowment for the Humanities and the American Council of Learned Societies, and lectured widely in the United States, Europe, and elsewhere. The author of seven books and numerous articles, she holds the Melden Chair in Moral Philosophy at the University of California, Irvine, and is a member of the American Academy of Arts and Sciences.
Content
- Introduction: Rights in the Conversation of Humanity
- PART I: A PROBLEM POSED
- 1: Some Central Distinctions from Rights Theory
- 2: Two Realms of Rights
- 3: Hohfeld's Claims and Thomson's Doubts
- 4: Demand-Rights---and the Demand-Right Problem
- 5: Contemporary Rights Theories: the Problem Remains
- PART II: THE PROBLEM SOLVED
- 6: Agreements and Promises; Hume's Legacy
- 7: Problems with Moral Principle Accounts
- 8: A Fundamental Ground of Demand-Rights
- 9: A Theory of Agreements and Promises
- 10: The Ubiquity of Joint Commitment
- PART III: DEMAND-RIGHTS, MORALITY, AND LAW
- 11: Are There any Moral Demand-Rights? Part I
- 12: Are There any Moral Demand-Rights? Part II
- 13: Demand-Rights, Law, and other Institutions
- 14: Human Rights in Light of the Foregoing
