A Debate Over Rights: Philosophical Enquiries

Paperback | October 15, 1999

byMatthew Kramer, Nigel Simmonds, Hillel Steiner

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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 bookaddresses 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 entitlementswill profit from reading this book.

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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 bookaddresses many questions including: What are ...

Matthew Kramer is a University Lecturer in Jurisprudence, Cambridge University, and Fellow and Director of Studies in Law, Churchill College, Cambridge. Nigel Simmonds is a Reader in Jurisprudence, Cambridge University, and Fellow and Director of Studies in Law, Corpus Christi College, Cambridge. Hillel Steiner is Professor of Politi...
Format:PaperbackPublished:October 15, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198298994

ISBN - 13:9780198298991

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Table of Contents

Matthew H. Kramer: PrefaceMatthew H. Kramer: IntroductionMatthew H. Kramer: Rights Without Trimmings1. Setting the Hohfeldian Table2. Rights Without TrimmingsAppendix: Getting Hohfeld RightN. E. Simmonds: Rights at the Cutting Edge1. Background2. The Fundamental Issues3. Hohfeld and the Fragmentation of Rights4. Hohfeld and the Kantians5. The Interest Theory of Rights6. The Modern Will TheoryHillel Steiner: Working Rights1. Preliminary Intuitions about Rights2. From Hohfeld to Hart: The Modern Will Theory3. Some Apparent Problems with the Will Theory4. From Hart to Kant: The Classical Will Theory (Partly) Redeemed5. Some Real Problems with the Interest TheoryIndex

Editorial Reviews

`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 philosophicalfoundations 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