Rights And Law Analysis And Theory
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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.
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.
Author | : Andrew Halpin |
Publisher | : |
Total Pages | : 284 |
Release | : 1997 |
Genre | : |
ISBN | : |
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.
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.
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."
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.
Author | : Herbert Lionel Adolphus Hart |
Publisher | : |
Total Pages | : 263 |
Release | : 1986 |
Genre | : Jurisprudence |
ISBN | : |
Author | : William A. Edmundson |
Publisher | : Cambridge University Press |
Total Pages | : 201 |
Release | : 2012-01-23 |
Genre | : Law |
ISBN | : 1107010985 |
A thoroughly updated second edition that is an accessible introduction to the history, logic, moral implications and political tendencies of the idea of rights.
Author | : Steven Malby |
Publisher | : Routledge |
Total Pages | : 223 |
Release | : 2019-09-11 |
Genre | : Law |
ISBN | : 0429594437 |
The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.