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A Philosophical History of Rights (Paperback, Revised Ed.)
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A Philosophical History of Rights (Paperback, Revised Ed.)
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Since the seventeenth century, concern in the Western world for the
welfare of the individual has been articulated philosophically most
often as a concern for his rights. The modern conception of
individual rights resulted from abandonment of ancient, value-laced
ideas of nature and their replacement by the modern, mathematically
transparent idea of nature that has room only for individuals,
often in conflict. In "A Philosophical History of Rights," Gary B.
Herbert traces the historical evolution of the concept and the
transformation of the problems through which the concept is
defined. The volume examines the early history of rights as they
existed in ancient Greece, and locates the first philosophical
inquiry into the nature of rights in Platonic and Aristotelian
accounts. He traces Roman jurisprudence to the advent of
Christianity, to the divine right of kings. Herbert follows the
historical evolution of modern subjective rights, the attempts by
Locke, Rousseau, Kant, Fichte, and Hegel to mediate rights, to make
them sociable. He then turns to nineteenth-century condemnation of
rights in the theories of the historical school of law, Benthamite
utilitarianism, and Marxist socialism. Following World War II, a
newly revived language of rights had to be constructed, to express
universal moral outrage over what came to be called crimes against
humanity. The contemporary Western concern for rights is today a
concern for the individual and a recognition of the limits beyond
which a society must not go in sacrificing the individual's welfare
for its own conception of the common good. In his conclusion,
Herbert addresses the postmodern critique of rights as a form of
moral imperialism legitimizing relations of dominance and
subjection. In addition to his historical analysis of the evolution
of theories of rights, Herbert exposes the philosophical confusions
that arise when we exchange one concept of rights for another and
continue to cite historical antecedents for contemporary attitudes
that are in fact their philosophical antithesis. "A Philosophical
History of Rights" will be of interest to philosophers, historians,
and political scientists.
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