A Debate Over Rights
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A Debate Over Rights : Philosophical Enquiries

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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.
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Product details

  • Paperback | 316 pages
  • 138 x 216 x 18mm | 439g
  • Oxford, United Kingdom
  • English
  • 0198298994
  • 9780198298991
  • 1,014,313

Table of contents

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
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Review quote

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 *
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About Matthew Kramer

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.
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