Rights And Right Holding

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Rights and Right-Holding

Author : Matthew H. Kramer
Publisher : Oxford University Press
ISBN 13 : 0198891245
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Rights and Right-Holding by : Matthew H. Kramer

Download or read book Rights and Right-Holding written by Matthew H. Kramer and published by Oxford University Press. This book was released on 2024-07-13 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Essays on Culture, Religion and Rights

Author : Peter Jones
Publisher : ECPR Press
ISBN 13 : 178661569X
Total Pages : 267 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis Essays on Culture, Religion and Rights by : Peter Jones

Download or read book Essays on Culture, Religion and Rights written by Peter Jones and published by ECPR Press. This book was released on 2020-10-09 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Culture and religion are overlapping phenomena: cultures are normally understood to subsume religions, and religions are very often central to cultures. The two are particularly closely associated when we focus on the kinds of difference that generate issues for public policy. The world has always been culturally and religiously diverse, but recent movements of population have intensified the internal diversity of societies. That increased diversity has presented societies with a number of pressing questions. How much should cultural differences matter? Can they and should they be treated impartially? Should they receive equal recognition and what sort of recognition might that be? Are cultural and religious differences at odds with human rights thinking or do universal human rights demand respect for those differences? When the demands of a religious faith clash with those of a society's rules, which should take precedence? Should the religious have to endure whatever burdens their beliefs bring their way, or should they be accommodated so that their religious faith does not become a source of social disadvantage? Should they have to put up with unwelcome treatments of their beliefs or should they be protected from the offensive and the disrespectful? These are some of the many issues examined in Culture, Religion and Rights.

New Essays on the Nature of Rights

Author : Mark McBride
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910158
Total Pages : 255 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis New Essays on the Nature of Rights by : Mark McBride

Download or read book New Essays on the Nature of Rights written by Mark McBride and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem

Ethno-Cultural Diversity and Human Rights

Author : Gaetano Pentassuglia
Publisher : BRILL
ISBN 13 : 9004328785
Total Pages : 389 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Ethno-Cultural Diversity and Human Rights by : Gaetano Pentassuglia

Download or read book Ethno-Cultural Diversity and Human Rights written by Gaetano Pentassuglia and published by BRILL. This book was released on 2018-01-22 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.

Without Trimmings

Author : Mark McBride
Publisher : Oxford University Press
ISBN 13 : 0198868863
Total Pages : 625 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Without Trimmings by : Mark McBride

Download or read book Without Trimmings written by Mark McBride and published by Oxford University Press. This book was released on 2022 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself.

Hillel Steiner and the Anatomy of Justice

Author : Stephen De Wijze
Publisher : Routledge
ISBN 13 : 1135218560
Total Pages : 294 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Hillel Steiner and the Anatomy of Justice by : Stephen De Wijze

Download or read book Hillel Steiner and the Anatomy of Justice written by Stephen De Wijze and published by Routledge. This book was released on 2009-06-02 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, essays by an international roster of contributors evaluate the political philosophy of contemporary philosopher Hillel Steiner. The study concludes with a response by Steiner himself.

The Concept of Rights

Author : George W. Rainbolt
Publisher : Springer Science & Business Media
ISBN 13 : 9781402039768
Total Pages : 284 pages
Book Rating : 4.0/5 (397 download)

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Book Synopsis The Concept of Rights by : George W. Rainbolt

Download or read book The Concept of Rights written by George W. Rainbolt and published by Springer Science & Business Media. This book was released on 2006-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.

Legal Personhood: Animals, Artificial Intelligence and the Unborn

Author : Visa A.J. Kurki
Publisher : Springer
ISBN 13 : 3319534629
Total Pages : 159 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Legal Personhood: Animals, Artificial Intelligence and the Unborn by : Visa A.J. Kurki

Download or read book Legal Personhood: Animals, Artificial Intelligence and the Unborn written by Visa A.J. Kurki and published by Springer. This book was released on 2017-03-23 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

Human Rights

Author : Cindy Holder
Publisher : Cambridge University Press
ISBN 13 : 1107003067
Total Pages : 489 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Human Rights by : Cindy Holder

Download or read book Human Rights written by Cindy Holder and published by Cambridge University Press. This book was released on 2013-05-23 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the philosophical and theoretical ramifications of human rights, and challenges made to them.

A Theory of Justice

Author : John RAWLS
Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis A Theory of Justice by : John RAWLS

Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Collective Rights

Author : Miodrag A. Jovanović
Publisher : Cambridge University Press
ISBN 13 : 1107007380
Total Pages : 239 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Collective Rights by : Miodrag A. Jovanović

Download or read book Collective Rights written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2012-01-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.

How Groups Matter

Author : Gideon Calder
Publisher : Routledge
ISBN 13 : 1135085072
Total Pages : 252 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis How Groups Matter by : Gideon Calder

Download or read book How Groups Matter written by Gideon Calder and published by Routledge. This book was released on 2014-04-11 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: When groups feature in political philosophy, it is usually in one of three contexts: the redressing of past or current injustices suffered by ethnic or cultural minorities; the nature and scope of group rights; and questions around how institutions are supposed to treat a certain specific identity/cultural/ethnic group. What is missing from these debates is a comprehensive analysis of groups as both agents and objects of social policies. While this has been subject to much scrutiny by sociologists and social psychologists, it has received less attention from a normative and philosophical point of view. This volume asks: what problems are posed to political philosophy by a collection of individuals who act or are treated in a collective way? Focusing not only on ways in which institutions should treat groups, but also on the normative implications of considering groups as possible social agents, when acting either in vertical relations with the state or in horizontal relations with other groups (or individuals), this book explores these issues from both theoretical and practical perspectives. Contributors address both the nature of political and social philosophy itself, and the ways in which specific issues – affirmative action, race, religion and places of worship, the rights of states – have become political and social priorities.

UGC NET Law Unit-8 ENVIRONMENT AND HUMAN RIGHTS LAW book theory + 400 Question Answer as per Syllabus

Author : DIWAKAR EDUCATION HUB
Publisher : DIVAKAR EDUCATION HUB
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4./5 ( download)

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Book Synopsis UGC NET Law Unit-8 ENVIRONMENT AND HUMAN RIGHTS LAW book theory + 400 Question Answer as per Syllabus by : DIWAKAR EDUCATION HUB

Download or read book UGC NET Law Unit-8 ENVIRONMENT AND HUMAN RIGHTS LAW book theory + 400 Question Answer as per Syllabus written by DIWAKAR EDUCATION HUB and published by DIVAKAR EDUCATION HUB . This book was released on 2022-08-18 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: theory + MCQ of UGC NET Law Unit-8 ENVIRONMENT AND HUMAN RIGHTS LAW

Theory of Legal Personhood

Author : Visa A. J. Kurki
Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Theory of Legal Personhood by : Visa A. J. Kurki

Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Human Rights

Author : Adam Etinson
Publisher : Oxford University Press
ISBN 13 : 0198713258
Total Pages : 519 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Human Rights by : Adam Etinson

Download or read book Human Rights written by Adam Etinson and published by Oxford University Press. This book was released on 2018 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are"Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty.This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rightsto their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of humanrights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights.All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.

Multiculturalism and Moral Conflict

Author : Maria Dimova-Cookson
Publisher : Routledge
ISBN 13 : 113526189X
Total Pages : 206 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Multiculturalism and Moral Conflict by : Maria Dimova-Cookson

Download or read book Multiculturalism and Moral Conflict written by Maria Dimova-Cookson and published by Routledge. This book was released on 2009-10-16 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading scholars on multiculturalism, this book confronts the reality of moral conflict in the debate on multiculturalism while resisting the simplification which frequently accompanies commentary on both sides of a polarised debate.