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A Debate Over Rights: Philosophical Enquiries

Matthew KramerLecturer in Jurisprudence and Fellow, Churchill College, University of Cambridge, Nigel SimmondsReader in Jurisprudence and Fellow in Law, Corpus Christi College, University of Cambridge, Hillel (Professor of Political Philo Steiner

ISBN13: 9780198298991
ISBN: 0198298994
Published: May 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £53.00

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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.

Human Rights and Civil Liberties, Jurisprudence
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