The Concept of Rights by George W Rainbolt

The Concept of Rights by George W Rainbolt

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Summary

What is it to have a right? Previous answers to this question can be divided into two groups. Some hold interest/benefit theories of rights while others hold choice/will theories of rights. This book defends an alternative to both of the traditional views, the justified-constraint theory of rights.

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The Concept of Rights by George W Rainbolt

Discussions of rights are ubiquitous. One constantly hears things such as: “The Chinese are violating Tibetan rights,” “Landlords have a right that their tenants pay their rent,” “Students have a right to be graded fairly,” “Animals have a right not to suffer merely to bring pleasure to humans,” “Abortion violates a fetus’ right to life,” “We violate the rights of future generations when we pollute the water. ” These statements assert that Tibetans, landlords, students, animals, fetuses, and future generations all have rights. Tibetans, landlords, students, animals, fetuses, and future generations do not seem to have much in common. When one presses for clarity, it is very dif?cult to say precisely what a right is. What is it to have a right? That is the question this book seeks to answer. To paint with an overly broad brush, previous answers to this question can be divided into two groups. Some hold interest/bene?t theories of rights while others hold choice/will theories of rights. Perhaps the ?rst person to propose an interest/bene?t theory was Jeremy Bentham. Its most cited contemporary defender is Joseph Raz. The seminal statement of the choice theory was made by H. L. A. Hart. Carl Wellman is perhaps the most able defender of a will theory of rights. The debate between these two groups of theories has been a productive one.

"With clear exposition, powerful argument and informed incisive critisms of alternative theories, this book gives a systematic account of an original and important alternative to the best theories of rights in the recent literature"
Carl Wellman, Washington University, St Louis, USA

 "More systematic, nuanced, and sophisticated than almost all other (Hohfeldian and neo-Hohfeldian analyses of rights talk). His peer in this regard is perhaps Judith Jarvis Thomson."
Richard Arneson, University of California at San Diego, USA

"The most sophisticated [Hohfeldian rights analysis] I have seen."
David Schmidtz, University of Arizona, Tucson, USA

"First-rate book, the best thing on the subject since Sumner and Thomson's books fifteen to twenty years ago."
Christopher W. Morris, University of Maryland, College Park, USA

"Advances the positions of Joseph Raz and H.L.A. Hart, perhaps the two most important legal philosophers of the last century"
Douglas Husak, Rutgers, The State University of New Jersey, USA

Rainbolt, George W.: - Dr. George W. Rainbolt is Professor and Chair of the Department of Philosophy at Georgia State University. He is the co-author of ETHICS (Harper-Collins 1994) and the author of THE CONCEPT OF RIGHTS (Springer 2006) as well as numerous articles. He chairs the Georgia State University Senate Committee on Admissions and Standards, has served on Georgia State University's General Education Assessment Committee, was a member of the Georgia State's SACS Accreditation Leadership Team, and is a member of Georgia State's Critical Thinking through Writing Leadership Team.
SKU Unavailable
ISBN 13 9781402039768
ISBN 10 140203976X
Title The Concept of Rights
Author George W Rainbolt
Series Law And Philosophy Library
Condition Unavailable
Binding Type Hardback
Publisher Springer-Verlag New York Inc.
Year published 2006-03-09
Number of pages 258
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.