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Rights and Right-Holding: A Philosophical Investigation

Autor Matthew H. Kramer
en Limba Engleză Hardback – 15 aug 2024
Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-right with a certain content is correlative to at least one duty with the same content and that every duty with a certain content is correlative to at least one claim-right with the same content. The volume then addresses the longstanding debates over the nature of right-holding, with a sustained defense of the Interest Theory and with some innovative critiques of the Will Theory. Finally, it considers the ethical and analytical questions involved in determining who can hold claim-rights at all. It argues that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings, many dead people, and all future generations of people, along with most non-human animals.Addressing some major topics within moral, legal, and political philosophy,Rights and Right-Holding: A Philosophical Investigation will be a key work for philosophers and academic lawyers alike.
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Specificații

ISBN-13: 9780198891222
ISBN-10: 0198891229
Pagini: 428
Dimensiuni: 160 x 241 x 27 mm
Greutate: 0.77 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Rights and Right-Holding is required reading for any rights theorist.
In his rich and carefully argued book, Rights and Right-Holding: A Philosophical Investigation, Matthew Kramer seeks to articulate the essence of any entitlement (whether legal or moral) that can be classified as a right and the essence of an entity's holding that right (P. 5). ...Kramer's theories have succeeded in capturing an important set of everyday patterns of usage of the term right (and associated terms).

Notă biografică

Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge and is a Fellow of Churchill College, Cambridge. He is the Director of the Cambridge Forum for Legal & Political Philosophy, and he has been a Fellow of the British Academy since 2014. His work covers numerous areas of political, moral, and legal philosophy. He is the author of nineteen books (three of them co-authored), and he is the co-editor of four additional books.