David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Oxford University Press (1995)
Real Rights offers a new theory of the grounds of legal and moral rights, thereby providing a platform from which to determine whether alleged rights are "real" or not. In particular, Wellman conceives of a legal or moral right as a complex of liberties, claims, powers, and immunities, and distinguishes the kinds of laws and moral reasons that can ground each of these. The book argues that only agents can be right-holders, that children and the mentally-limited can have only limited rights, while fetuses, the dead, and groups can have none. It also discusses the duties implied by any real right, as well as the kinds of considerations (including conflicting rights) that could override implied duties. This original and systematic discussion of the grounds of rights should interest a wide range of scholars and practitioners in philosophy, law, and political science.
|Keywords||Law and ethics Law Philosophy|
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|Call number||K258.W45 1995|
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Citations of this work BETA
Sandeep Sreekumar (2015). Some Conceptual Aspects of Temporality and the Ability to Possess Rights. Ratio Juris 28 (3):330-353.
Behnam Taebi (2011). The Morally Desirable Option for Nuclear Power Production. Philosophy and Technology 24 (2):169-192.
Andrew Shorten (2015). Are There Rights to Institutional Exemptions? Journal of Social Philosophy 46 (2):242-263.
George W. Rainbolt (2006). Rights Theory. Philosophy Compass 1 (1):11–21.
Richard P. Hiskes (2006). Environmental Human Rights and Intergenerational Justice. Human Rights Review 7 (3):81-95.
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