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A Debate Over Rights: Philosophical Enquiries

Matthew H. Kramer

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.001.0001
Subject:
Law, Philosophy of Law

This book engages in essay form in a lively debate over the fundamental characteristics of legal rights. Each chapter considers whether rights essentially protect individuals' interests — as is ... More


Rights

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0002
Subject:
Law, Law of Obligations

The different senses in which ‘rights’ are used in every day language need to be differentiated. The most fundamental distinction to be grasped is that between a claim-right and a liberty, as drawn ... More


Are There Still Any Natural Rights?

Hillel Steiner

in The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542895
eISBN:
9780191720130
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542895.003.0013
Subject:
Law, Philosophy of Law

This chapter considers various factors that may have led Hart to dissociate himself from his renowned 1955 essay on natural rights. It concludes that neither Hart's subsequent doubts about the Will ... More


Moral Rights

Hillel Steiner

David Copp (ed.)

in The Oxford Handbook of Ethical Theory

Published in print:
2005
Published Online:
February 2006
ISBN:
9780195147797
eISBN:
9780199785841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195147790.003.0017
Subject:
Philosophy, Moral Philosophy

This chapter explores the nature of moral rights by examining their formal structure, their status within morality, and rival theories concerning their content. Moral rights are construed as ones ... More


Rights beyond Interests

F. M. Kamm

in Intricate Ethics: Rights, Responsibilities, and Permissible Harm

Published in print:
2007
Published Online:
October 2011
ISBN:
9780195189698
eISBN:
9780199851096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189698.003.0009
Subject:
Philosophy, Moral Philosophy

Rights are most often thought of either as claims to something or as protected options to act, though these categories are not exhaustive. Are rights prior in any sense to their correlative duties so ... More


History and Theory

Pavlos Eleftheriadis

in Legal Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.003.0001
Subject:
Law, Philosophy of Law

This chapter introduces the question. The history of rights shows that they are a modern construct. They do not appear in classical Roman or common law. But their modern use is puzzling. I may have a ... More


Legal Relations

Pavlos Eleftheriadis

in Legal Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.003.0006
Subject:
Law, Philosophy of Law

This chapter develops and refines Hohfeld's analysis of legal relations. The argument shows that Hohfeld's tables are not stipulative definitions nor are they a matter of logical truth. They are ... More


The Right to Property

Pavlos Eleftheriadis

in Legal Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.003.0007
Subject:
Law, Philosophy of Law

This chapter vindicates Hohfeld's view of property as a relation among persons. In fact, the legal relations of property are indistinguishable from that of contract and tort. Property rights are ... More


The Decline of Property and Trust

M. W. Lau

in The Economic Structure of Trusts: Towards a Property-based Approach

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.003.0007
Subject:
Law, Trusts

This chapter charts the decline of property and trust in legal and economic thinking. It explains that the economic analysis of property does not consider property to be a coherent concept. Instead, ... More


Rights: Their Logic Restated

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0019
Subject:
Law, Philosophy of Law

This chapter offers some fundamental clarifications of the logic of Hohfeld's analysis of rights. Its results are presupposed and partly summarized in Natural Law and Natural Rights. Axioms for a ... More


Rights at the Cutting Edge

N.E. SIMMONDS

in A Debate Over Rights: Philosophical Enquiries

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.003.0003
Subject:
Law, Philosophy of Law

This chapter explores the Kantian historical background of the present-day debates between Interest Theorists and Will Theorists of legal rights. It goes on to expound the Hohfeldian analysis that ... More


Working Rights 1

HILLEL STEINER

in A Debate Over Rights: Philosophical Enquiries

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.003.0004
Subject:
Law, Philosophy of Law

This chapter advocates a version of the Will Theory of rights, whilst also maintaining (in opposition to the previous chapter) that an account of rights can be based entirely or almost entirely on ... More


Rights, Individuals, and States

Alejandro Chehtman

in The Philosophical Foundations of Extraterritorial Punishment

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199603404
eISBN:
9780191725173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603404.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter clarifies the moral methodology used in this book. It advocates a rights-based approach to address the topic of extraterritorial punishment. That is, it assumes that the issue of ... More


Property Rights: A Re-Examination

J. E Penner

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198830122
eISBN:
9780191868535
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830122.001.0001
Subject:
Law, Philosophy of Law, Private International Law

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of ... More


Defining Property Rights

S. Douglas and B. McFarlane

in Philosophical Foundations of Property Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199673582
eISBN:
9780191751721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673582.003.0010
Subject:
Law, Philosophy of Law, Company and Commercial Law

This chapter focuses on the contested question of the ‘actual nature’ of property law, taking as its focus case law bearing on the definition of property rights. It employs a Hohfeldian analysis both ... More


The construction of rights

Keith Dowding and Martin van Hees

in Power, Luck and Freedom: Collected essays

Published in print:
2016
Published Online:
May 2017
ISBN:
9781526107282
eISBN:
9781526120892
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526107282.003.0013
Subject:
Political Science, Political Theory

This chapter examines the sense in which rights can be said to exist. It explores various approaches to the definition and analysis of rights, focusing in particular on the compossibility of rights. ... More


Social choice and the grammar of rights and freedoms

Keith Dowding

in Power, Luck and Freedom: Collected essays

Published in print:
2016
Published Online:
May 2017
ISBN:
9781526107282
eISBN:
9781526120892
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526107282.003.0014
Subject:
Political Science, Political Theory

The techniques of social choice and game theory are increasingly being used to analyse concepts in political theory. Although these techniques may prove invaluable for teasing out contradictory ... More


Rights and Persons— Hohfeldian Analysis

Visa A.J. Kurki

in A Theory of Legal Personhood

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198844037
eISBN:
9780191879708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844037.003.0003
Subject:
Law, Philosophy of Law

The chapter criticizes the Orthodox View of legal personhood for being internally inconsistent and simplistic as well as lacking in explanatory power. It focuses on four different formulations of the ... More


The Values of International Human Rights Law

Lea Raible

in Human Rights Unbound: A Theory of Extraterritoriality

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198863373
eISBN:
9780191895791
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863373.003.0003
Subject:
Law, Public International Law

This chapter addresses two crucial issues extraterritoriality presents—particularly when socioeconomic rights are taken into account. In order to identify extraterritorial human rights obligations we ... More


The Legal Modalities

Alf Ross

in On Law and Justice

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198716105
eISBN:
9780191784361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716105.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the ambiguity of modal expressions in legal language. It argues that the terminology used in legal language suffers from great imprecision. All expressions that have been used ... More


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