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Rights and right-holding : ACLAW - Jurisprudence: ACAE / Matthew H. Kramer.

By: Publisher: New York : Oxford university press, 2024Edition: 1Description: xii, 414 pages 25 cmContent type:
  • text
ISBN:
  • 9780198891222
DDC classification:
  • 340.112
Contents:
1. Introduction; 2. The Hohfeldian Analysis of Legal and Moral Relationships; 3. In Defense of the Correlativity Axiom; 4. In Praise of the Interest Theory of Right-Holding; 5. Potential Holders of Claim-Rights; References; Index.
Summary: "Rights and Right-Holding presents a rigorous philosophical investigation of the two phenomena mentioned in its title. With a lengthy exposition of the analysis of legal and moral positions that was propounded in the early twentieth century by the American legal theorist Wesley Hohfeld, it plumbs the logical relationships among such positions, and it amplifies the Hohfeldian analysis by showing how logical quantification has to be incorporated into Hohfeld's schema. The volume then ponders the longstanding debates over the Interest Theory of right-holding versus the Will Theory of right-holding, as it champions the Interest Theory while undertaking some lengthy and innovative critiques of the Will Theory. Finally, it considers at length the ethical and analytical questions involved in ascertaining what sorts of beings are capable of holding claim-rights at all. In so doing, the book delves deeply into some foundational matters of moral and political philosophy even while it continues to engage with subtle points of logical quantification and analysis. It concludes that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings and many dead people and all future generations of people along with most non-human animals"-- Provided by publisher.
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Holdings
Item type Current library Shelving location Call number Materials specified Status Notes Barcode
BOOKs NLS General Stacks 340.112 KRA (Browse shelf(Opens below)) HB Available Recommended by Ms. Keerthana Venkatesh 40221

1. Introduction;
2. The Hohfeldian Analysis of Legal and Moral Relationships;
3. In Defense of the Correlativity Axiom;
4. In Praise of the Interest Theory of Right-Holding;
5. Potential Holders of Claim-Rights;
References;
Index.

"Rights and Right-Holding presents a rigorous philosophical investigation of the two phenomena mentioned in its title. With a lengthy exposition of the analysis of legal and moral positions that was propounded in the early twentieth century by the American legal theorist Wesley Hohfeld, it plumbs the logical relationships among such positions, and it amplifies the Hohfeldian analysis by showing how logical quantification has to be incorporated into Hohfeld's schema. The volume then ponders the longstanding debates over the Interest Theory of right-holding versus the Will Theory of right-holding, as it champions the Interest Theory while undertaking some lengthy and innovative critiques of the Will Theory. Finally, it considers at length the ethical and analytical questions involved in ascertaining what sorts of beings are capable of holding claim-rights at all. In so doing, the book delves deeply into some foundational matters of moral and political philosophy even while it continues to engage with subtle points of logical quantification and analysis. It concludes that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings and many dead people and all future generations of people along with most non-human animals"-- Provided by publisher.