Download e-book for kindle: An Approach to Rights: Studies in the Philosophy of Law and by C.P. Wellman

By C.P. Wellman

ISBN-10: 9048148146

ISBN-13: 9789048148141

ISBN-10: 9401588120

ISBN-13: 9789401588126

An method of Rights includes fifteen formerly released yet in most cases inaccessible papers that jointly exhibit the improvement of 1 of the extra very important modern theories of the character, grounds and useful implications of rights. In a protracted retrospective essay, Carl Wellman explains what he was once attempting to accomplish in each one paper, how some distance he believes that he succeeded and the place he failed. hence the writer offers a severe standpoint either on his personal thought and on replacement theories from which he borrows, or that he rejects. those essays establish the issues any sufficient concept of rights needs to remedy, describe the extra believable strategies and weigh the advantages of every. they are going to be of detailed curiosity to any reader interested by felony conception, ethical philosophy or any department of utilized ethics or social coverage within which appeals to rights are often made yet seldom rationally satisfactory.

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Extra resources for An Approach to Rights: Studies in the Philosophy of Law and Morals

Example text

Although these might enable them to explain both claim-rights and liberty-rights, other concepts would be required to explain power-rights and immunity rights. Moreover, traditional natural law theory offers no explanation whatsoever of what these four species of rights have in common, something central to any general theory of rights. Finally, traditional natural law theory was first and foremost a theory of duties and therefore ill-equipped to explain what is distinctive about rights such that they cannot be reduced to or defined merely in terms of duties.

It is an attempt to draw the lines between different species of rights in a way that marks differences that are both theoretically illuminating and practically useful. My attempt in 'Taking Economic Rights Seriously' failed on both criteria. I was still seeking, but had not yet found, an adequate general theory of rights. 7. THE PROTECTION OF RIGHTS The explicit subject of 'Moral Rights and Positive Law' is arguments of the form 'since individuals do have a moral right to x, they ought to have a legal 26 CHAPTER 1 right to x'.

9. THE GROUNDS OF MORAL RIGHTS In roughly the first half of 'Terrorism and Moral Rights' I use the debate over the morality of terrorism to pose a more general theoretical problem, or set of problems, about any attempt to justify some moral conclusion by an appeal to moral rights. The opponent can always deny that the alleged moral right is real, or claim that its scope is limited in such a way that it does not apply to the action at issue, or insist that the agent has forfeited that right, or argue that it is overridden in this case by some stronger conflicting right.

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An Approach to Rights: Studies in the Philosophy of Law and Morals by C.P. Wellman

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