Rights and Right-Holding
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...
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| Formato: | Online |
| Idioma: | inglês |
| Publicado em: |
Oxford University Press
2024
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| Acesso em linha: | https://library.oapen.org/handle/20.500.12657/94127 |
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| _version_ | 1869520633821396992 |
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| author | Kramer, Matthew H. |
| author_browse | Kramer, Matthew H. |
| author_facet | Kramer, Matthew H. |
| author_sort | Kramer, Matthew H. |
| collection | Directory of Open Access Books |
| description | 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, many dead people, all future generations of people, and most non-human animals. |
| format | Online |
| id | doab-20.500.12854ir-146907 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Oxford University Press |
| publisherStr | Oxford University Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1469072024-10-31T04:21:02Z Rights and Right-Holding Kramer, Matthew H. Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy 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, many dead people, all future generations of people, and most non-human animals. 2024-10-31T04:21:00Z 2024-10-31T04:21:00Z 2024-10-30T10:33:08Z 2024 book https://library.oapen.org/handle/20.500.12657/94127 9780198891222 9780191996207 https://directory.doabooks.org/handle/20.500.12854/146907 eng open access Oxford University Press 10.1093/oso/9780198891222.001.0001 10.1093/oso/9780198891222.001.0001 db4e319f-ca9f-449a-bcf2-37d7c6f885b1 Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships 9c1f094f-2672-44a0-9822-132af75428ec 9780198891222 9780191996207 Oxford open access |
| spellingShingle | Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy Kramer, Matthew H. Rights and Right-Holding |
| title | Rights and Right-Holding |
| title_full | Rights and Right-Holding |
| title_fullStr | Rights and Right-Holding |
| title_full_unstemmed | Rights and Right-Holding |
| title_short | Rights and Right-Holding |
| title_sort | rights and right holding |
| topic | Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy |
| topic_facet | Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy |
| url | https://library.oapen.org/handle/20.500.12657/94127 |
| work_keys_str_mv | AT kramermatthewh rightsandrightholding |