An Approach to Rights: Studies in the Philosophy of Law and MoralsSpringer Science & Business Media, 31 mars 1997 - 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 legal | 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 |
264 | |
Autres éditions - Tout afficher
An Approach to Rights: Studies in the Philosophy of Law and Morals Carl Wellman Aucun aperçu disponible - 2010 |
An Approach to Rights: Studies in the Philosophy of Law and Morals Carl Wellman Aucun aperçu disponible - 2014 |
Expressions et termes fréquents
abortion Alf Ross argument autonomy basic moral right bilateral liberty Bill of Rights child citizens claim performance complex consent to medical constitutional law constitutional rights courts damage one's property decisions destroy or damage economic rights enforcement ethical claim ethical liberty ethical power exercise explain fetus fundamental legal conceptions fundamental moral rights ground H. L. A. Hart Hohfeldian human rights imply impose individual interpretation Joel Feinberg legal claim legal duty legal immunity legal liberty legal power legal right legal system liberty-right medical research medical treatment moral claim-right moral duty moral reasons morally wrong natural law natural rights Ninth Amendment old age assistance one's moral one's right parent patient personal security political possess possessor practical recognized relevant right to personal right to privacy right-holder second party sense social justice society sort special protection specific terrorism theoretical theory of rights United States Constitution uphold violate violence violent actions waive Wesley Hohfeld