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The Concept of Rights (Law and Philosophy Library Book 73) by George W. Rainbolt (auth.) is a nonfiction available to read on EtoBox.

What is The Concept of Rights (Law and Philosophy Library Book 73) about?

What is it to have a right? Previous answers to this question can be divided into two groups. Some (e.g., Joseph Raz) hold interest/benefit theories of rights while others (e.g., H.L.A. Hart and Carl Wellman) hold choice/will theories of rights. The Concept of Rights defends an alternative to both of the traditional views, the justified-constraint theory of rights. On this view, a person has a right if and only if a feature of that person is a sound justification for others to have a particular sort of normative constraint. The justified-constraint theory avoids the problems which have bedeviled the interest/benefit theories and the choice/will theories. It also solves the puzzle of the relational nature of rights. On the justified-constraint view, an obligation correlative to a right is to the right-holder when it is a feature of the right-holder that justifies the obligation. The analysis also shows that, as far as the concept of rights is concerned, any sort of individual or group can have rights. The limits on what sorts of things have rights are substantive, not conceptual. Moreover, the justified-constraint solves the problem of the rights of past and future generations. It i

Who reads The Concept of Rights (Law and Philosophy Library Book 73)?

Author

George W. Rainbolt (auth.)

Publisher

Springer Netherlands : Imprint: Springer

Published

2006

Language

EN

ISBN

9786610624621

Category

nonfiction

Subjects

Law, Philosophy, Science