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Children's Choices or Children's Interests: Which Do Their Rights Protect?

Samantha Brennan

in The Moral and Political Status of Children

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199242689
eISBN:
9780191598715
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199242682.003.0004
Subject:
Political Science, Political Theory

The often‐posed dichotomy between the interest and choice theory of rights can obfuscate a proper understanding of children's rights. We need a gradualist model in which the grounds for attributing ... More


What Rights (If Any) Do Children Have?

Harry Brighouse

in The Moral and Political Status of Children

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199242689
eISBN:
9780191598715
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199242682.003.0003
Subject:
Political Science, Political Theory

According to the interest theory of rights, the primary function of rights is the protection of fundamental interests. Since children undeniably have fundamental interests that merit protection, it ... 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


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


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


The Social Contract of the Modern Welfare State

Amir Paz-Fuchs

in Welfare to Work: Conditional Rights in Social Policy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199237418
eISBN:
9780191717192
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237418.003.0002
Subject:
Law, Employment Law

This chapter focuses on the intersection between the two fundamental pillars under investigation: the social contract and the welfare state. The social contract provides the normative platform for ... More


The Concept of Fundamental Legal Rights

Lorenzo Zucca

in Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552184
eISBN:
9780191709630
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552184.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter proposes a stipulative definition of fundamental legal rights that attempts to single out the most important features of those rights, which are discussed under four headings: the point, ... 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


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


Liberal Principles of Human Rights Interpretation

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0006
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter looks at the work of John Rawls and Ronald Dworkin with a view to explain the idea that states can justifiably interfere with ECHR rights under the relevant limitation clauses of ... 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


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


The Sociological Challenge

Nicholas Jardine

in The Scenes of Inquiry: On the Reality of Questions in the Sciences

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198250395
eISBN:
9780191681288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198250395.003.0009
Subject:
Philosophy, History of Philosophy, Philosophy of Science

This chapter considers other strategies for the legitimation of methods and beliefs whose prevalence and effectiveness cast doubt on the primacy of calibration against precedents and standards as ... More


Children’s Rights: A Theoretical Analysis

Tali Gal

in Child Victims and Restorative Justice: A Needs-Rights Model

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199744718
eISBN:
9780199897476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744718.003.0002
Subject:
Social Work, Children and Families

Can children have rights? Can very young children have rights? What kind of legal theory regards children as rights holders despite their limited capacity to exert their rights and make rational ... 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


Proportionality: Determining Rights

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

An accurate understanding of the proportionality assessment in international human rights law requires recognition of the impact of factors for a margin of appreciation alongside in the ... More


Children's Rights: a Test-Case for Theories of Right

Neil MacCormick

in Legal Right and Social Democracy: Essays in Legal and Political Philosophy

Published in print:
1984
Published Online:
March 2012
ISBN:
9780198255024
eISBN:
9780191681561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255024.003.0008
Subject:
Law, Philosophy of Law

There are two competing theories as to the nature of rights: the theory which says that having a right of some kind is to do with the legal or moral recognition of some individual's choice as being ... 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


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


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