Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-right with a certain content is correlative to at least one duty with the same content and that every duty with a certain content is correlative to at least one claim-right with the same content. The volume then addresses the longstanding debates over the nature of right-holding, with a sustained defense of the Interest Theory and with some innovative critiques of the Will Theory. Finally, it considers the ethical and analytical questions involved in determining who can hold claim-rights at all. It argues that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings, many dead people, and all future generations of people, along with most non-human animals. Addressing some major topics within moral, legal, and political philosophy,Rights and Right-Holding: A Philosophical Investigation will be a key work for philosophers and academic lawyers alike.
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Rights and Right-Holding presents a rigorous philosophical investigation of the two phenomena mentioned in its title. The book engages with a number of key topics, including the Hohfeldian analysis of legal and moral positions and the longstanding debates between the Interest Theory of right-holding and the Will Theory of right-holding.
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Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge and is a Fellow of Churchill College, Cambridge. He is the Director of the Cambridge Forum for Legal & Political Philosophy, and he has been a Fellow of the British Academy since 2014. His work covers numerous areas of political, moral, and legal philosophy. He is the author of nineteen books (three of them co-authored), and he is the co-editor of four additional books.
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Addresses rights and right-holding, two topics that are central to moral and legal and political philosophy and also to law more generally The definitive philosophical exposition of rights and rights-holding by one of the world's foremost experts Amplifies Wesley Hohfeld's analytical apparatus by incorporating into it some techniques of logical quantification that can enable the apparatus to chart legal relationships much more precisely and rigorously
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Produktdetaljer

ISBN
9780198891222
Publisert
2024
Utgiver
Vendor
Oxford University Press
Vekt
764 gr
Høyde
241 mm
Bredde
160 mm
Dybde
27 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
432

Forfatter

Biographical note

Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge and is a Fellow of Churchill College, Cambridge. He is the Director of the Cambridge Forum for Legal & Political Philosophy, and he has been a Fellow of the British Academy since 2014. His work covers numerous areas of political, moral, and legal philosophy. He is the author of nineteen books (three of them co-authored), and he is the co-editor of four additional books.