An Approach to Rights: Studies in the Philosophy of Law and Morals

Couverture
Springer Science & Business Media, 17 avr. 2013 - 274 pages
An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.
 

Table des matières

SEEKING A THEORY OF RIGHTS
1
Upholding rights
6
Legal rights
10
Human rights
12
The power to consent
16
Economic rights
22
The protection of rights
25
Possible rightholders
28
Conclusion
61
LEGAL RIGHTS
63
A NEW CONCEPTION OF HUMAN RIGHTS
74
CONSENT OF MEDICAL RESEARCH ON CHILDREN
85
Consent as an ethical power
91
The consent of the child
97
The consent of the parent
100
Conclusion
103

The grounds of moral rights
31
Human rights and judicial discretion
34
The definition of rights
36
Justice and rights
38
The interplay of moral and lega
40
A realistic description of rights
42
Alternative conceptions of rights
43
Powers and their grounds
44
A provisional appraisal
46
UPHOLDING LEGAL RIGHTS
49
The nature of rights
50
Motivation to uphold rights
54
Practical implications
57
TABLE OF CONTENTS
105
MORAL RIGHTS AND POSITIVE LAW
117
THE GROWTH OF CHILDRENS RIGHTS
127
TERRORISM AND MORAL RIGHTS
141
JUDICIAL DISCRETION AND CONSTITUTIONAL LAW
164
THE RIGHT TO PRIVACY AND PERSONAL AUTONOMY
177
SOCIAL JUSTICE AND HUMAN RIGHTS
187
VIOLENCE LAW AND BASIC RIGHTS
200
POLITICS AND CONSTITUTIONAL RIGHTS
217
THE INALIENABLE RIGHT TO LIFE AND THE DURABLE
244
BIBLIOGRAPHY
264
Droits d'auteur

Autres éditions - Tout afficher

Expressions et termes fréquents

Informations bibliographiques