ISBN:
9781402039775
Language:
English
Pages:
Online-Ressource
,
v.: digital
Edition:
Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
Series Statement:
Law and Philosophy Library 73
Keywords:
Ethics
;
Philosophy of Law
;
Philosophy (General)
;
Political science Philosophy
;
Rechtsbegriff
;
Rechtssubjekt
;
Rechtstheorie
Abstract:
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.
Abstract:
What is it to have a right? This book defends an alternative to traditional views, the justified-constraint theory of rights. It also solves the puzzle of the relational nature of rights. It gives a systematic account of an important alternative to the best theories of rights in the literature
Description / Table of Contents:
Rights and Hohfeldian Analysis; Normative Constraints; Deontic and Alethic Concepts; The Relational Nature of Rights; Rights, Reasons, and Persons; Rights Conflict; Right Holders: Present; Right Holders: Past and Future; A Final Comparison
Note:
Includes bibliographical references (p. 245-248) and index
,
Electronic reproduction; Available via World Wide Web
DOI:
10.1007/1-4020-3977-8
URL:
Volltext
(lizenzpflichtig)
Permalink
