An Introduction to Rights.
A thoroughly updated second edition that is an accessible introduction to the history, logic, moral implications, and political tendencies of the idea of rights.
Saved in:
| Online Access: |
Full text (MCPHS users only) |
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| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Cambridge :
Cambridge University Press,
2012
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| Series: | Cambridge introductions to philosophy and law.
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Cover; An Introduction to Rights: SECOND EDITION; Series; Title; Copyright; Dedication; Contents; Preface to the First Edition; A Note on the Second Edition; A Note on Citation Form; List of Tables; PART ONE: The First Expansionary Era; 1: The Prehistory of Rights; Mediaeval Europe and the Possibility of Poverty; Third-Century India and Tolerance; Two Expansionary Periods of Rights Rhetoric; 2: The Rights of Man: The Enlightenment; Hugo Grotius; Thomas Hobbes; Samuel Pufendorf; John Locke; The American Declaration of Independence; Immanuel Kant; William Paley.
- The French Declaration of the Rights of Man and the Citizen3: "Mischievous Nonsense"?; Edmund Burke; William Godwin; Jeremy Bentham; Bentham's Negative Critique of Natural Rights; Bentham's Positive Account of Legal Rights; 4: Into the Nineteenth Century: Consolidation and Retrenchment; The Utilitarian Formula: Rights as Rules; John Austin; John Stuart Mill; American Developments: From The Bill of Rights to the Abolition of Slavery; Amendment IX; American Developments: From the Civil War Amendments to the Right of Privacy; 5: The Conceptual Neighborhood of Rights.
- Are Moral Rights "Hohfeldian"?Duty "Not to" or "Duty that"?; Legal "Interference" versus Moral; Do Hohfeldian Duties Entail Rights?; Group Rights versus Individual Rights; PART TWO: The Second Expansionary Era; 6: The Universal Declaration, and a Revolt Against Utilitarianism; The Post-War Resurrection of Moral and Political Philosophy; 7: The Nature of Rights: "Choice" Theory and "Interest" Theory; Interest Theory of Legal Rights; Choice Theory of Legal Rights; From Legal to Moral Rights; 8: A Right to Do Wrong? Two Conceptions of Moral Rights; The "Protected-Permission"Conception.
- The "Protected-Choice"ConceptionThe Function of Rights: Recognitional, or Reaction-Constraining?; 9: The Pressure of Consequentialism; Are Rights "Trumps"? Thresholds and Defeasibility; The Neo-Godwinian, Consequentialist Challenge to the Protected-Permission Model; Separate Lives and "Agent-Relative" Reasons; "Exclusionary" Reasons; 10: What Is Interference?; Are Rights of Noninterference Primary? General and Special Rights; Does the Primacy of Autonomy Assure the Primacy of Rights of Noninterference?; Is Imposing Costs Always Interference?
- Noninterference Rights as Standing and Proportionality Norms11: The Future of Rights; Second-Generation Rights, and Third- ...?; Minimalism About Human Rights; Is Minimalism About Human Rights Justified?; Is Allowing Costs Ever Interference?; Equal Rights and Distributive Justice; What's So Special About Humans?; Whose Human Rights?; 12: Conclusion; Bibliographical Notes; Chapter 1: The Prehistory of Rights; Chapter 2: The Rights of Man: The Enlightenment; Chapter 3: "Mischievous Nonsense"?; Chapter 4: Into the Nineteenth Century: Consolidation and Retrenchment.
