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

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.
Les mer
This book engages in the fundamental characteristics of legal and moral rights. It examines whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. The authors address many questions including those over abortion, euthanasia, and animal rights.
Les mer
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
Les mer
`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
Les mer
Rights are a central debate in a number of major disciplines, including politics, law and philosophy The three authors of this volume are all well-respected in the field of legal theory and philosophy This book is written in the unusual format of a three-way-debate where each author examines and argues with the positions taken by the other two This book clarifies and illuminates many contemporary contentious political disputes, and does so in a way that will interest a readership wider than those who are usually interested in legal and political philosophy
Les mer
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.
Les mer
Rights are a central debate in a number of major disciplines, including politics, law and philosophy The three authors of this volume are all well-respected in the field of legal theory and philosophy This book is written in the unusual format of a three-way-debate where each author examines and argues with the positions taken by the other two This book clarifies and illuminates many contemporary contentious political disputes, and does so in a way that will interest a readership wider than those who are usually interested in legal and political philosophy
Les mer

Produktdetaljer

ISBN
9780198298991
Publisert
2000
Utgiver
Oxford University Press
Vekt
439 gr
Høyde
216 mm
Bredde
138 mm
Dybde
18 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
316

Biografisk notat

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.