The Concept of Rights - Law and Philosophy Library 73 (Paperback)George W. Rainbolt (author)
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What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
Number of pages: 258
Weight: 444 g
Dimensions: 240 x 160 x 14 mm
Edition: Softcover reprint of hardcover 1st ed. 2006
"With clear exposition, powerful argument and informed incisive critisms of alternative theories, this book gives a systematic account of an original and important alternative to the best theories of rights in the recent literature."
Carl Wellman, Washington University, St Louis, USA
"More systematic, nuanced, and sophisticated than almost all other (Hohfeldian and neo-Hohfeldian analyses of rights talk). His peer in this regard is perhaps Judith Jarvis Thomson."
Richard Arneson, University of California at San Diego, USA
"The most sophisticated [Hohfeldian rights analysis] I have seen."
David Schmidtz, University of Arizona, Tucson, USA
"First-rate book, the best thing on the subject since Sumner and Thomson's books fifteen to twenty years ago."
Christopher W. Morris, University of Maryland, College Park, USA
"Advances the positions of Joseph Raz and H.L.A. Hart, perhaps the two most important legal philosophers of the last century"
Douglas Husak, Rutgers, The State University of New Jersey, USA
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