Do Rights Derive from Justice or Does Justice Arise from Rights?: A Philosophy of the Prime Inherent Law (Hardback)D. O. Humphris-Norman (author)
Hardback 312 Pages / Published: 01/03/2010
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This work demonstrates that Power is prior to Rights and introduces a concept of a Power-Responsibility relationship which affects non-legal moral questions such as the treatment of animals. Utilizing the works of Hohfeld and Kocourek it reveals the false conception of the word 'Rights' bedevilling the Law today. By re-instating the concept of Justice as the foundation for civilized rights, it enables a logical analysis of the constitution, priority, and formulation of 'rights' - as opposed to the current politically motivated conflicting generalisations which lead to a proliferation of unnecessary and largely useless litigation. It shows that instead of asking 'What are my Rights?' we should be saying 'This restricts my Freedom - is such a restriction just?' The work also considers matters such as Intention in actions, and an analysis of Punishment. It illustrates the application of the new theories to problems such as Civil Disobedience, Conscientious Objection, Objections to planning; Animal Rights, Bull Fighting and Fox Hunting.
Publisher: The Edwin Mellen Press Ltd
Number of pages: 312
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