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A Debate Over Rights
Philosophical Enquiries
Matthew Kramer, Nigel Simmonds, and Hillel Steiner
316 pages
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216x138mm
978-0-19-829899-1
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Paperback
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09 March 2000
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- 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
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.Readership: Academics in the fields of jurisprudence or legal philosophy, moral philosophy and ethics, political theory, political sceience and sociology will be interested in purchasing this book.
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Matthew Kramer, Lecturer in Jurisprudence and Fellow, Churchill College, Cambridge, Nigel Simmonds, Reader in Jurisprudence and Fellow in Law, Corpus Christi College, Cambridge, and Hillel Steiner, Professor of Political Philosophy, University of Manchester
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"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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Matthew H. Kramer: Preface
Matthew H. Kramer: Introduction
Matthew H. Kramer: Rights Without Trimmings
1: Setting the Hohfeldian Table
2: Rights Without Trimmings
Appendix: Getting Hohfeld Right
N. E. Simmonds: 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
Hillel Steiner: 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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