Jump to ContentJump to Main Navigation

You are looking at 1-13 of 13 items

  • Keywords: Will Theory x
Clear All Modify Search

View:

Rights Without Trimmings

MATTHEW H. KRAMER

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/9780198298991.003.0002
Subject:
Law, Philosophy of Law

This chapter presents a detailed exposition of the Hohfeldian analysis of legal positions (rights, duties, liberties, no-rights, powers, liabilities, immunities, and disabilities). It then presents ... More


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


Introduction

MATTHEW H. KRAMER

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/9780198298991.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter briefly introduces the Hohfeldian analysis of legal positions and the debates between Interest Theorists and Will Theorists over the nature of legal rights. The Hohfeldian ... 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


Posthumous Rights *

Cécile Fabre

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/9780199542895.003.0012
Subject:
Law, Philosophy of Law

This chapter looks at the debate between the Interest Theory and the Will Theory of rights. Most proponents of the Interest Theory believe that it allows for ascriptions of rights to the dead. It ... More


12. The Rise of the Will Theory

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0013
Subject:
Law, Law of Obligations, Legal History

This chapter focuses on the Will Theory. The Will Theory had a measure of intellectual coherence that the Common law wholly lacked, though this coherence had been to some extent bought at the expense ... More


13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0014
Subject:
Law, Law of Obligations, Legal History

This chapter discusses the decline of the Will Theory. Continental and transatlantic scholars took the lead the gradual erosion of confidence in the Will Theory and doctrines derived from it. As an ... 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


The Analysis of Rights

Leif Wenar

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/9780199542895.003.0014
Subject:
Law, Philosophy of Law

This chapter argues that neither of the two principal theories of rights — the Interest Theory and the Will Theory — can adequately account for all rights. It proposes instead a theory that ascribes ... More


Authority and Interest in the Theory of Right

Katharina Nieswandt

in Dimensions of Normativity: New Essays on Metaethics and Jurisprudence

Published in print:
2019
Published Online:
February 2019
ISBN:
9780190640408
eISBN:
9780190640439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640408.003.0014
Subject:
Law, Philosophy of Law

The chapter suggests a new role for authority and interest in the theory of right: Rights can be explicated as sets of prohibitions, permissions and commands, and they must be justified by interests. ... More


Rights’ Elusive Relation to Powers

Rowan Cruft

in Human Rights, Ownership, and the Individual

Published in print:
2019
Published Online:
October 2019
ISBN:
9780198793366
eISBN:
9780191884122
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793366.003.0003
Subject:
Philosophy, Moral Philosophy

Chapter 3 examines the relation between rights and the powers typically borne by right-holders: powers to waive duties, demand their fulfilment, enforce them, resent them, forgive them. It argues ... More


Two Visions of Human Rights: Relational and Beneficiary-Focused Theories

David Rodin

in Human Rights and 21st Century Challenges: Poverty, Conflict, and the Environment

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198824770
eISBN:
9780191863486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198824770.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the moral foundation of rights. Both the Interest Theory of Rights, rooted in consequentialism, and the Will Theory of Rights, based on the moral status of agents, have ... More


View: