New Essays on the Nature of Rights

Erscheinungsjahr 2017
ISBN: 978-1-5099-1014-4
Verlag: Hart Publishing

Buch, Englisch, 256 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 535 g

This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications.

'A fine collection of cutting-edge essays on the most important normative concept of modernity.'

Professor Leif Wenar, King's College London

'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.'

Professor Alon Harel, The Hebrew University of Jerusalem

Autoren/Hrsg.

McBride, Mark

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre

Inhaltsverzeichnis

1. The Value of Hohfeldian Neutrality when Theorising about Legal Rights

Andrew Halpin
2. Legal Competence and Legal Power

Visa AJ Kurki
3. In Defence of the Interest Theory of Right-Holding: Rejoinders to Leif Wenar on Rights

Matthew H Kramer
4. Desires, Interests and Claim-Rights

Simon Cabulea May
5. Legal Powers and the Will and Interest Theories of Rights

James Penner
6. Public Goods, Individual Rights and Third-Party Benefits

Gopal Sreenivasan
7. The Tracking Theory of Rights

Mark McBride
8. The Circularity of the Interest and Will Theories of Rights

Rowan Cruft
9. Adequacy Constraints for a Theory of Rights

Siegfried Van Duffel
10. Respectful Adjudication of Rights Conflicts
Anna-Karin Andersson
11. Corrective Rights

Hillel Steiner

Über Autor(innen)

McBride, Mark
Mark McBride is Associate Professor of Law at the National University of Singapore. Mark holds advanced degrees in Law and in Philosophy. He has published work in the leading journals on diverse topics in legal theory, including legal reasoning and general jurisprudence, but his chief principal research focus is rights theory.

Mark McBride is Assistant Professor in the Faculty of Law at the National University of Singapore.