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Real Rights (Hardcover, New)
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Real Rights (Hardcover, New)
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Real Rights offers a new theory of the grounds of legal and moral
rights, providing a platform from which to determine whether
alleged rights are "real" or not. Defining a legal or moral right
as a complex of liberties, claims, powers, and immunities, Wellman
distinguishes the kinds of laws and moral reasons that can ground
each of these. The book argues that it is agency which qualifies
individuals to possess rights. Children acquire rights gradually,
and the mentally limited can have only limited rights; fetuses and
the dead can have none, nor can groups. Wellman goes on to discuss
the duties implied by any real right, offering a detailed review of
conflicts between rights, and analyzing the ways in which
incompatible rights or other considerations could override implied
duties. An original and systematic discussion of the grounds of
rights, this book has concrete judicial implications, and should
interest a wide range of scholars and practitioners in philosophy,
law, and political science.
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