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New Essays on the Nature of Rights (Hardcover)
Loot Price: R3,221
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New Essays on the Nature of Rights (Hardcover)
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This original collection of jurisprudential essays furthers our
understanding of the nature of rights. In Part 1, Halpin considers
the value of Hohfeldian neutrality when theorising about law in
general, and legal rights in particular, and Kurki focuses on
Hohfeld's operative notion of power. In Part 2, Kramer rebuts
Wenar's objections to his Interest Theory of rights, and May
provides a comparative defence of the Interest Theory against
Wenar's Kind-Desire theory of claim-rights. Penner then pursues
legal doctrine, focusing on whether judges hold the powers of their
office as rights, an issue over which Wenar and Kramer have
clashed. Sreenivasan, utilising a novel test case involving pure
public goods, argues that the third party beneficiary objection to
the Interest Theory is fatal. McBride builds on Sreenivasan's
Hybrid Theory of claim-rights to construct his new Tracking Theory
of rights. Cruft then argues that the best extant versions of the
Interest and Will Theories of rights cannot avoid a form of
circularity, and Van Duffel argues that meeting four adequacy
constraints, which he proposes, counts in favour of any theory of
rights. In Part 3, Andersson proposes a tie breaking procedure for
rights conflicts in the applied realm of politics, and Steiner
concludes by alleging that Kant's principle of right, a standard of
corrective justice, has distributive implications. 'A fine
collection of cutting-edge essays on the most important normative
concept of modernity.' Professor Leif Wenar, King's College London
'This important collection proceeds much beyond the famous 1998 A
Debate Over Rights which sets the stage for the debates concerning
rights since then. It explores three aspects of rights. First it
re-examines the Hohfeldian classification and highlights its
importance and relevance. Second it investigates and develops the
debates between the interest and the will theory. It includes
essays by the main established proponents of these two positions as
well as essays by newcomers to this field. The different essays in
this part address each other in ways which sharpen and clarify the
disagreements and provide new original arguments for the contending
views. Last, it provides a new perspective on the debates
concerning conflicts of rights and the ways to overcome them. This
collection will no doubt dominate the future conceptual discussions
concerning the nature of rights and their role in political
theory.' Professor Alon Harel, The Hebrew University of Jerusalem
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