The Tracking Theory Of Rights
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The Tracking Theory Of Rights
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Author : Mark McBride
language : en
Publisher:
Release Date : 2022
The Tracking Theory Of Rights written by Mark McBride and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Civil rights categories.
"This book articulates an entirely novel theory of (claim-)rights. The tracking theory is a species of the genus hybrid theories of rights - a prominent type of theory of rights, attempting to carve out a third way between interest and will theories of rights. Part of the distinctiveness of the theory is its rootedness in so-called core philosophy - and in work in contemporary epistemology, in particular. While other third way theories of rights have recently emerged, the most pressing initial task for any such theory is to situate itself more broadly within the established, heretofore dichotomous, interest/will theory landscape. A key feature of the tracking theory of rights is its value neutrality. The core of the tracking theory is articulated, utilising tools from, and analogising with, Robert Nozick's tracking theory of knowledge. In essence, just as for Nozick beliefs must counterfactually track truth for knowledge; so for the tracking theory of rights control over the duty must track interests on balance in control over the duty for right-holding. Finally, certain jurisprudential applications of the tracking theory are considered and teased out."--
A Political Theory Of Rights
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Author : Attracta Ingram
language : en
Publisher: Clarendon Press
Release Date : 1994-11-17
A Political Theory Of Rights written by Attracta Ingram and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-11-17 with Political Science categories.
Rights are basic building blocks of the contemporary state and yet their rigorous justification is notoriously difficult. This book provides a thorough analysis of this central topic in modern political discourse. The book challenges the orthodox view that rights are a type of property claim in one's body. Drawing on the tradition of the social contract as well as the wealth of recent work in political theory the book argues for a different conception of rights. Rights are conceived as a certain type of political claim, justified by a Kantian ideal of autonomy. Moreover, that justification provides a moral basis for rights that, while independent of law and custom, is also tied to an image of citizenship particularly suited to the pluralistic nature of contemporary liberal society.
New Essays On The Nature Of Rights
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Author : Mark McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
New Essays On The Nature Of Rights written by Mark McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem
A Theory Of Rights
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Author : Carl Wellman
language : en
Publisher: Rl Innactive Titles
Release Date : 1985
A Theory Of Rights written by Carl Wellman and has been published by Rl Innactive Titles this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
This book makes two important contributions toward a general and systematic theory of rights-a powerful philosophical analysis of the language of rights and an explanation of the nature of rights. In working out these ideas, Wellman has provided a new and cohesive way of thinking and talking about rights of every sort. Wellman succeeds in bringing all kinds of rights-moral, legal, institutional, etc.-under one unified theory in a way that illuminates their similarities and differences. This enables him to deal in a consistent way with a very broad range of philosophical questions, questions that are too often dealt with in isolation from each other.
The Concept Of Rights
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Author : George W. Rainbolt
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-03-09
The Concept Of Rights written by George W. Rainbolt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-09 with Law categories.
What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
The Lockean Theory Of Rights
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Author : A. John Simmons
language : en
Publisher: Princeton University Press
Release Date : 2020-11-10
The Lockean Theory Of Rights written by A. John Simmons and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-10 with Philosophy categories.
John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.
Universal Human Rights In Theory And Practice
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Author : Jack Donnelly
language : en
Publisher: Cornell University Press
Release Date : 2003
Universal Human Rights In Theory And Practice written by Jack Donnelly and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Justification And Legitimacy
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Author : A. John Simmons
language : en
Publisher: Cambridge University Press
Release Date : 2001
Justification And Legitimacy written by A. John Simmons and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This book contains essays by A. John Simmons, perhaps the most innovative and creative of today's political philosophers.
Rights
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Author : Tom Campbell
language : en
Publisher: Routledge
Release Date : 2011-02-25
Rights written by Tom Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-25 with Philosophy categories.
We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin and variety of rights and standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. Rights: A Critical Introduction is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law.
Natural Law And Modern Society
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Author : Sean Coyle
language : en
Publisher: Oxford University Press
Release Date : 2023-08-11
Natural Law And Modern Society written by Sean Coyle and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-11 with Law categories.
Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are 'post-truth' and 'alternative facts'. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.