Download An Approach to Rights: Studies in the Philosophy of Law and by C.P. Wellman PDF

By C.P. Wellman

ISBN-10: 9048148146

ISBN-13: 9789048148141

ISBN-10: 9401588120

ISBN-13: 9789401588126

An method of Rights includes fifteen formerly released yet commonly inaccessible papers that jointly express the advance of 1 of the extra vital modern theories of the character, grounds and useful implications of rights. In a protracted retrospective essay, Carl Wellman explains what he was once attempting to accomplish in each one paper, how a ways he believes that he succeeded and the place he failed. therefore the writer offers a serious standpoint either on his personal concept and on replacement theories from which he borrows, or that he rejects. those essays establish the issues any enough idea of rights needs to remedy, describe the extra believable recommendations and weigh the benefits of every. they are going to be of exact curiosity to any reader interested in criminal thought, ethical philosophy or any department of utilized ethics or social coverage during which appeals to rights are usually made yet seldom rationally satisfactory.

Show description

Read Online or Download An Approach to Rights: Studies in the Philosophy of Law and Morals PDF

Best legal theory & systems books

The Political Writings of Samuel Pufendorf

This paintings provides the fundamental arguments and basic issues of the political and ethical considered the seventeenth-century thinker, Samuel Pufendorf--one of the main broadly learn traditional attorneys of the pre-Kantian period. choices from the texts of Pufendorf's significant works, components of common Jurisprudence and The legislation of Nature and of countries, were introduced jointly to make Pufendorf's ethical and political suggestion extra available.

A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making

A Penchant for Prejudice combines an in depth empirical research of the decision-making practices of judges with a worldly theoretical argument which exposes modern myths approximately judging and indicates equipment of incorporating the inevitable bias that's detected during this and different reports. in accordance with a distinct examine of the choices of Social safeguard judges, the ebook demanding situations the that means of judicial impartiality.

Jurisdiction in Deleuze: The Expression and Representation of Law

Jurisdiction in Deleuze: The Expression and illustration of legislation explores an affinity among the philosophy of Gilles Deleuze and jurisprudence as a practice of technical felony idea. the writer addresses and reopens a significant aesthetic challenge in jurisprudence: the variation among the expression and the illustration of legislations.

The Fall and Rise of Freedom of Contract

Declared useless a few twenty-five years in the past, the assumption of freedom of agreement has loved a amazing highbrow revival. within the Fall and upward push of Freedom of agreement major students within the fields of agreement legislation and law-and-economics examine the hot curiosity in bargaining freedom. The Nineteen Seventies used to be a decade of regulatory triumphalism in North the United States, marked by way of a surge in purchaser, securities, and environmental legislation.

Extra info for An Approach to Rights: Studies in the Philosophy of Law and Morals

Example text

It is these third-party roles that build various protections into the very nature of each and every right. Such protections are appropriate to any right because they are required by the essential function of that right. I presuppose without explaining this conception of a right in this paper. What kind of protection is appropriate to rights? Rex Martin had argued (Martin 1979, pp. 393-394) that any moral right lacking social protection is infirm or deficient as a right. He concluded that protective social practices are built into the conception of moral as well as legal rights.

13. THE JNTERPLAY OF MORAL AND LEGAL One theme in 'Violence, Law and Basic Rights' concerns the ways in which moral and legal rights often intersect and influence each other. I sum these up in four theoretical theses. First, many basic legal rights recognize and protect fundamental moral rights. This is most obviously true in the case of constitutional rights such as the rights to due process or to free speech, but it is also true of such common-law rights as the right to self-defense or to the defense of others.

The inadequacy in this theory, I argued, is that it does nothing to identify the duty-bearer, the party who has the obligation to help one to obtain or to provide what one needs. Essentially, my argument is a very general one. Because a claim-right is by its very nature relational, having a claim of some first party against some second party at its core, its ground must be relational also. Fourth, I revised my classification of moral rights. From first to last I have presupposed that there is an important distinction between fundamental moral rights, of which human rights are paradigm examples, and other moral rights, such as the promisee's moral right that the promisor keep his promise and the mother's moral right that her child obey her orders.

Download PDF sample

Rated 4.31 of 5 – based on 26 votes