Rights: Concepts and Contexts

Description

Rights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field: what is the nature and grounding of human rights? How should conflicts of rights best be analyzed? Are rights best understood in terms of choice, benefits, or some hybrid of the two? What are the connections between rights and duties, and between rights and justice? The collection also offers useful introductions to emerging issues in rights theory such as the purported bipolarity of rights. Cover Half Title Title Page Copyright Page Contents Acknowledgements Series Preface Introduction PART I: RIGHTS IN CONTEXT 1 Natural Law and Natural Rights 2 'Protestant' Political Theory and the Significance of Rights 3 Human Rights in the Emerging World Order 4 Humanist and Political Perspectives on Human Rights PART II: CONCEPTS OF RIGHTS 5 Are There Still Any Natural Rights? 6 Value Pluralism and the Two Concepts of Rights 7 The Analytical Foundations of Justice 8 Fundamental Legal Conceptions Reconsidered 9 Ross and Olivecrona on Rights 10 A Right to Do Wrong? Two Conceptions of Moral Rights 11 The Nature of Rights 12 Theories of Rights: Is There a Third Way? PART III: BIPOLARITY OF RIGHTS 13 Bipolar Obligation 14 Giving Claim-Rights Their Due 15 The Nature of Rights Debate Rests on a Mistake 16 Duties and Their Direction PART IV: RIGHTS AND REASONS 17 What Demands are Rights? An Investigation into the Relation between Rights and Reasons 18 Rights and Recognition 19 The Rights Recognition Thesis: Defending and Extending Green PART V: CONFLICTS OF RIGHTS 20 On Conflicts Between Rights 21 American Balancing and German Proportionality: The Historical Origins 22 Security and Liberty: The Image of Balance 23 Proportionality Stricto Sensu (Balancing) 24 The Weight Formula 25 On Robert Alexy's Weight Formula for Weighing and Balancing Name Index