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Author: Rowan Cruft Publisher: Oxford University Press ISBN: 0192511866 Category : Political Science Languages : en Pages : 320
Book Description
Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.
Author: Rowan Cruft Publisher: Oxford University Press ISBN: 0192511866 Category : Political Science Languages : en Pages : 320
Book Description
Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.
Author: Rowan Cruft Publisher: ISBN: 9780191884122 Category : Ethics Languages : en Pages :
Book Description
Is it defensible to use the concept of a right? Can we justify this concept's central place in modern moral and legal thinking, or does it unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft brings together a new account of the concept of a right. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive role for the concept: it is appropriate to our thinking about fundamental moral duties springing from the good of the right-holder. This has important implications for the idea of 'natural' moral rights - that is, rights that exist independently of anyone's recognising that they do. Cruft argues that only rights that exist primarily for the sake of the right-holder can qualify as natural in this sense.
Author: Burton M. Leiser Publisher: Routledge ISBN: 1351760408 Category : Law Languages : en Pages : 904
Book Description
This title was first published in 2001. The essays in this highly cosmopolitan collection were selected from over 250 contributions presented at the 19th World Congress in Philosophy of Law and Social Philosophy (IVR) held in New York in 1999. They represent a cross-section of contemporary work on human rights derived from eleven different countries.
Author: Rowan Cruft Publisher: Oxford University Press ISBN: 0192511858 Category : Philosophy Languages : en Pages : 320
Book Description
Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107164303 Category : Law Languages : en Pages : 645
Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Arthur Ripstein Publisher: Harvard University Press ISBN: 0674054512 Category : Philosophy Languages : en Pages : 416
Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author: Alan Gewirth Publisher: University of Chicago Press ISBN: 9780226288819 Category : History Languages : en Pages : 404
Book Description
The Community of Rights provides a detailed explication of the fundamental rights of agency as derived from a single rationally justified principle of morality and develops the contents of economic and social rights as a basic part of human rights. A critical alternative to both "liberal" and "communitarian" views, this authoritative work will command the attention of anyone engaged in the debate over social and economic justice.
Author: James Griffin Publisher: OUP Oxford ISBN: 0191553506 Category : Philosophy Languages : en Pages : 355
Book Description
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
Author: Rowan Cruft
Author: Rowan Cruft
Author: Rowan Cruft
Author: Burton M. Leiser
Author: Rowan Cruft
Author: Anne Peters
Author: Theo R. G. van Banning
Author: C. G. Weeramantry
Author: Arthur Ripstein
Author: Alan Gewirth
Author: James Griffin