Legal Rights by Pavlos Eleftheriadis

Legal Rights

byPavlos Eleftheriadis

Hardcover | September 11, 2008

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How are we to understand the concept of a right? Is there a relation between rights in law and their moral counterparts? If so, how are we to account for it? These questions touch on fundamental issues in the methodology of legal and political theory and put into perspective the status of lawas both fact and standard in practical reason.Legal Rights addresses core debates in legal philosophy by criticizing the existing analytical models for understanding legal rights and advocating a new approach based on normative political philosophy. Just as there are rational requirements of morality, there are rational requirements of law.This book outlines a political theory of law guided by the idea of the social contract, according to which rights and legal relations as well as other key elements of legal reasoning are capable of being justified before equal citizens under the constraints of public reason. The book presents anaccount of legal rights which vindicates the 'will theory' over its traditional rival, the 'interest theory' and outlines the distinctive role of rights in defining legal relations. Legal rights are a special problem of political philosophy defined by the unique position of law as an essentialcomponent of the civil condition and a necessary condition for freedom.

About The Author

Dr Pavlos Eleftheriadis is Fellow in Law at Mansfield College, Oxford and University Lecturer in the Faculty of Law at the University of Oxford, where he teaches jurisprudence, public law and European Union law.
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Details & Specs

Title:Legal RightsFormat:HardcoverDimensions:230 pages, 9.21 × 6.14 × 0.69 inPublished:September 11, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199545286

ISBN - 13:9780199545285

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Table of Contents

Preface1. History and Theory2. Descriptions and Constructions3. The Parctical Argument4. Rights in law5. Obligation and Permission6. Legal Relations7. The Right to Property8. Freedom through Law9. Rights in legal DeliberationIndex