|
" Real rights / "
Carl Wellman.
| Document Type
|
:
|
BL
|
| Record Number
|
:
|
623600
|
| Doc. No
|
:
|
dltt
|
| Main Entry
|
:
|
Wellman, Carl.
|
| Title & Author
|
:
|
Real rights /\ Carl Wellman.
|
| Publication Statement
|
:
|
New York :: Oxford University Press,, 1995.
|
| Page. NO
|
:
|
viii, 279 p. ;; 24 cm.
|
| ISBN
|
:
|
0195095006 (acid-free paper)
|
|
|
:
|
: 9780195095005 (acid-free paper)
|
| Bibliographies/Indexes
|
:
|
Includes bibliographical references (p.272-274) and index.
|
| Contents
|
:
|
1. Grounds of Institutional Rights. Defining Grounds. Grounds of Hohfeldian Positions. Grounds of Legal Rights. Grounds of Other Institutional Rights -- 2. Grounds of Moral Positions. Defining Morals. Moral Reasons. Law and Morals. Moral Duties. Moral Liberties. Moral Powers. Moral Immunities -- 3. Grounds of Moral Rights. The Right Not to Be Struck. The Right of Self-Defense. The Right to Aid for a Dependent Child. The Right to Dress as One Wishes. Derivative Rights. Presupposed Reasons -- 4. Possible Right-Holders. Normal Adults. Children. The Mentally Limited. Legal Right-Holders -- 5. Alleged Right-Holders. Fetuses. The Dead. Corporations. Teams. Collections. Classes. Peoples -- 6. Implied Duties. Interpreting Rights. Correlative Duties. Associated Duties. New Duties. Supplementary Duties -- 7. Conflicts of Rights. Legal Conflicts. Moral Conflicts. Mixed Conflicts -- 8. Real Rights and Duties. Unreal Rights. Real Conflicts. Overriding Rights. Real Duties.
|
| Abstract
|
:
|
Real Rights offers a new theory of the grounds of legal and moral rights, providing a platform from which to determine whether alleged rights are "real" or not. Defining a legal or moral right as a complex of liberties, claims, powers, and immunities, Wellman distinguishes the kinds of laws and moral reasons that can ground each of these. The book argues that it is agency which qualifies individuals to possess rights. Children acquire rights gradually, and the mentally limited can have only limited rights; fetuses and the dead can have none, nor can groups. Wellman goes on to discuss the duties implied by any real right, offering a detailed review of conflicts between rights, and analyzing the ways in which incompatible rights or other considerations could override implied duties.
|
|
|
:
|
An original and systematic discussion of the grounds of rights, this book has concrete judicial implications, and should interest a wide range of scholars and practitioners in philosophy, law, and political science.
|
| Subject
|
:
|
Law and ethics.
|
| Subject
|
:
|
Law-- Philosophy.
|
| Dewey Classification
|
:
|
340/.112
|
| LC Classification
|
:
|
K258.W45 1995
|
| |