Journal of Scottish Philosophy 7 (1):87-102 (2009)

This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background to their respective theories of rights, detailing the precise reasoning that Carmichael and Hutcheson brought to bear upon their conception of rights, and then exploring their application of their understanding of rights to the question of property
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DOI 10.3366/E1479665108000341
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References found in this work BETA

Natural Law and Natural Rights.John Finnis - 1979 - Oxford University Press.
Natural Law and Natural Rights.John Finnis - 1980 - Oxford University Press UK.

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In-Rem Property in Adam Smith's Lectures on Jurisprudence.John Robinson - 2017 - Journal of Scottish Philosophy 15 (1):75-100.

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