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Rethinking Rights - Historical Development and Philosophical Justification (Hardcover)
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Rethinking Rights - Historical Development and Philosophical Justification (Hardcover)
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Re-thinking Rights: Historical Development and Philosophical
Justification takes a new look at the history of individual rights,
focussing on the way that philosophers have written that history.
The scholastics and early modern writers used the notion of natural
rights to debate the big moral and political questions of the day,
such as the treatment of Indigenous Americans under Spanish rule.
John Locke put natural rights at the centre of liberal political
thought. But as the idea grew in strength and influence, empiricist
and positivist philosophers punctured it with attacks on logical
incompetence and illegitimate appeals to theology and metaphysics.
Philosophers then turned to law and jurisprudence for the
philosophical analysis of rights, where it has largely stayed ever
since. Eleanor Curran argues that the dominance of the Hohfeldian
analysis of (legal) rights has restricted our understanding of
moral and political rights and led to distorted readings of
historical writers on rights. It has also led to the separation of
right from the important related notion of liberty-freedoms are now
seen as inferior to claims. Curran looks at recent philosophy of
human rights and suggests a way forward for justifying universal
moral and political rights and separating them from legal rights.
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