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Legal Rights (Hardcover)
Loot Price: R2,953
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Legal Rights (Hardcover)
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How are we to understand the concept of a right? Is there a
relation between rights in law and their moral counterparts? If so,
how are we to account for it? These questions touch on fundamental
issues in the methodology of legal and political theory and put
into perspective the status of law as both fact and standard in
practical reason.
Legal Rights addresses core debates in legal philosophy by
criticizing the existing analytical models for understanding legal
rights and advocating a new approach based on normative political
philosophy. Just as there are rational requirements of morality,
there are rational requirements of law. This book outlines a
political theory of law guided by the idea of the social contract,
according to which rights and legal relations as well as other key
elements of legal reasoning are capable of being justified before
equal citizens under the constraints of public reason. The book
presents an account of legal rights which vindicates the 'will
theory' over its traditional rival, the 'interest theory' and
outlines the distinctive role of rights in defining legal
relations. Legal rights are a special problem of political
philosophy defined by the unique position of law as an essential
component of the civil condition and a necessary condition for
freedom.
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