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Rights


ISBN13: 9781855211377
ISBN: 1855211378
Published: June 1992
Publisher: Routledge
Format: Hardback
Price: Out of print





This collection of articles on rights covers topics such as: the concept of legal rights; legal rights related to morality; the place of rights in moral theory; and the legal recognition of rights.

Contents:
Part 1 The concept of legal rights and their relation to morality: definition and theory in jurisprudence, H.L.A. Hart; Tu-tu, Alf Ross; legal analysis and terminology, Arthur L. Corbin; the concept of legal liberty, Glanville Williams; the correlativity of rights and duties, David Lyons; upholding legal rights, Carl P. Wellman; children's rights - a test case for theories of rights, Neil MacCormick; legal rights, Joseph Raz; hard cases, Ronald Dworkin; Dworkin on the nature and consequences, James W. Nickel; individual rights and collective goods, Robert Alexy; an essay on rights, M. Tushnet.
Part 2 The place of rights in moral theory: the nature and value of rights, Joel Feinberg; rights and autonomy, David Richards; the priority of right and ideas of the good, John Rawls; equality, Thomas Nagel; rights, goals and fairness, Tim Scanlon; between utility and rights, H.L.A. Hart; are there any absolute rights?, Alan Gewirth; rights and agency, Amartya Sen; negative and positive freedom, G.C. MacCallum; postmordern burgois liberalism, Richard Rorty; the communitarian challenge to liberal rights, Carlos S. Nina; the structure of proletarian unfreedom, G.A. Cohen.
Part 3 Particular rights: the fundamental rights controversy - the essential contradictions of normative constitutional scholarship, P. Brest; killing, letting die and the trolley problem, Judith Jarvis Thomson; euthanasia, Philippa Foot; abortion - identity and loss, Warren Quinn; the abortion funding conundrum - inalienable rights, affirmative duties and the dilemma of dependence, Laurence H. Tribe; justice and gender, Susan Moller Okin; groups and the equal protection clause, Owen Fiss; can legal paternalism be ethically justified?, Ernesto Garzon Valdes; privacy, morality and the law, W.A. Parent; free speech justifications, Kent Greenawalt; property, title and redistribution, Tony Honore; property rules, liability rules and inaliability - one view of the cathedral, Guido Calabresi and A. Douglas; rethinking the theory of legal rights, Jules Coleman; constitutional welfare rights and a theory of justice, Frank I. Michelman; on health care as a legal right, William Blackstone; should trees have standing? - towards rights for natural objects, Christopher D. Stone.