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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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New Essays on the Nature of Rights

Edited by: Mark McBride

ISBN13: 9781509910144
Published: August 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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This collection of essays falls into three interrelated parts (the essays in parts two and three utilise the Hohfeldian framework of part one), all aimed at furthering our philosophical understanding of rights.

Rights stand at the centre of legal, political, and moral discourse. A proper understanding of rights is thus of paramount importance to our understanding of law, politics, and morality. All of the essays are cutting-edge, and none has been previously published.

The first part, Hohfeld, contains essays by A Halpin and J Penner. These essays take as their starting point the work of celebrated American jurist, WN Hohfeld. Halpin, most generally, considers the value of Hohfeldian neutrality when theorising about legal rights. Penner, meanwhile, considers the ability of Hohfeld's project properly to characterize areas of private law, in particular property rights.

The second part, Theories, contains essays by M McBride and M Kramer. These essays take as their starting point the work of two contemporary theorists of rights, viz. G Sreenivasan and L Wenar, each of whom has attempted to transcend the 'Interest/Will Theory' debate by offering new theories of rights. McBride attempts to defend a modified version of Sreenivasan's 'Hybrid Theory' of rights. Kramer, meanwhile, questions the viability of Wenar's 'Several Functions Theory' of rights as a workable new theory of rights.

The final third part, Explorations, contains essays by R Cruft, G Sreenivasan, and H Steiner. Each of these three theorists has developed their own sophisticated theories of rights - respectively, 'Hybrid Theory', 'Interest-Theory-with-exceptions', and 'Will Theory'.

Each of these theorists seeks to explore certain philosophically interesting phenomena in light of their own theories of rights. By turn, these essays look at the nature and the moral grounding of rights, public goods and third party benefits, and strict liability. The collection is integrated and unified by means of an Introduction, written by M McBride.

Subjects:
Human Rights and Civil Liberties, Jurisprudence
Contents:
1. The Value of Hohfeldian Neutrality when Theorising about Legal Rights
Andrew Halpin
2. Legal Competence and Legal Power
Visa AJ Kurki
3. In Defence of the Interest Theory of Right-Holding: Rejoinders to Leif Wenar on Rights
Matthew H Kramer
4. Desires, Interests and Claim-Rights
Simon Cabulea May
5. Legal Powers and the Will and Interest Theories of Rights
James Penner
6. Public Goods, Individual Rights and Third-Party Benefits
Gopal Sreenivasan
7. The Tracking Theory of Rights
Mark McBride
8. The Circularity of the Interest and Will Theories of Rights
Rowan Cruft
9. Adequacy Constraints for a Theory of Rights
Siegfried Van Duffel
10. Respectful Adjudication of Rights Conflicts
Anna-Karin Andersson
11. Corrective Rights
Hillel Steiner