Rights and Law, Analysis and Theory

Rights and Law, Analysis and Theory
Author: Andrew Halpin
Publisher: Hart Publishing
Total Pages: 0
Release: 1997-07-19
Genre: Law
ISBN: 9781901362152

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld's analysis of rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author's own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger's theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights.

A Theory of Rights

A Theory of Rights
Author: Carl Wellman
Publisher: Rl Innactive Titles
Total Pages: 248
Release: 1985
Genre: Law
ISBN:

This book makes two important contributions toward a general and systematic theory of rights-a powerful philosophical analysis of the language of rights and an explanation of the nature of rights. In working out these ideas, Wellman has provided a new and cohesive way of thinking and talking about rights of every sort. Wellman succeeds in bringing all kinds of rights-moral, legal, institutional, etc.-under one unified theory in a way that illuminates their similarities and differences. This enables him to deal in a consistent way with a very broad range of philosophical questions, questions that are too often dealt with in isolation from each other.

Rights and Law, Analysis and Theory

Rights and Law, Analysis and Theory
Author: Andrew Halpin
Publisher: Hart Publishing
Total Pages: 302
Release: 1997-07-19
Genre: Law
ISBN:

This book develops the analysis of rights and focusing upon more general theoretical considerations relating to rights.

Theory of Legal Personhood

Theory of Legal Personhood
Author: Visa A. J. Kurki
Publisher: Oxford University Press
Total Pages: 241
Release: 2019
Genre: Law
ISBN: 0198844034

Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Research Handbook on Law and Marxism

Research Handbook on Law and Marxism
Author: O’Connell, Paul
Publisher: Edward Elgar Publishing
Total Pages: 608
Release: 2021-12-14
Genre: Law
ISBN: 178811986X

This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.

Feminist Legal Theory (Second Edition)

Feminist Legal Theory (Second Edition)
Author: Nancy Levit
Publisher: NYU Press
Total Pages: 299
Release: 2016-01-15
Genre: Biography & Autobiography
ISBN: 1479882801

"In the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues"--Unedited summary from book cover.

Rights from Wrongs

Rights from Wrongs
Author: Alan M. Dershowitz
Publisher:
Total Pages: 282
Release: 2004
Genre: Political Science
ISBN: 9780465017133

A noted legal scholar examines the source of human rights, arguing that rights are the result of particular experiences with injustice and looking at the implications in terms of the right to privacy, voting rights, and other rights.

International Law Theories

International Law Theories
Author: Andrea Bianchi
Publisher: Oxford University Press
Total Pages: 378
Release: 2016-11-10
Genre: Law
ISBN: 0191038229

Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

Research Handbook on Critical Legal Theory

Research Handbook on Critical Legal Theory
Author: Emilios Christodoulidis
Publisher: Edward Elgar Publishing
Total Pages: 561
Release: 2019
Genre: Law
ISBN: 1786438895

Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.