Rights and Right-Holding
� A Philosophical Investigation
| Författare: | Kramer Matthew H. |
| Titel: | Rights and Right-Holding � A Philosophical Investigation |
| Utgivningsår: | 2024 |
| Omfång: | 432 sid. |
| Förlag: | Oxford University Press |
| ISBN: | 9780198891222 |
| Produkttyp: | Inbunden |
| Typ av verk: | Monografi |
| Ämnesord: | Allmän rättslära |
Pris: 1832 SEK exkl. moms 
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 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. - Addresses rights and right-holding, two topics that are central to moral and legal and political philosophy and also to law more generally; - The definitive philosophical exposition of rights and rights-holding by one of the world's foremost experts; - Amplifies Wesley Hohfeld's analytical apparatus by incorporating into it some techniques of logical quantification that can enable the apparatus to chart legal relationships much more precisely and rigorously Contents Introduction 1.1 The Scope of the Book 1.2 A Note on Formalization 1.3 A Note on Methodology and on the Standards for Success 1.4 Past Publications 2 The Hohfeldian Analysis of Legal and Moral Relationships 3 In Defense of the Correlativity Axiom 4 In Praise of the Interest Theory of Right-Holding 5 Potential Holders of Claim-Rights End Matter - References - Index |