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Hohfeldian Normative Systems

Pierfrancesco Biasetti

Philosophia 43 (4):951-959 (2015)

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A Debate over Rights.Matthew H. Kramer, N. E. Simmonds & Hillel Steiner - 2000 - Mind 109 (436):954-956.details The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights. Download Export citation Bookmark 38 citations
Directed Duties and Inalienable Rights.Hillel Steiner - 2013 - Ethics 123 (2):230-244.details This essay advances and defends two claims: (a) that rights cannot be inalienable and (b) that even if they could be, this would not be morally justifiable. Download Export citation Bookmark 26 citations
A debate over rights: philosophical enquiries.Matthew H. Kramer - 1998 - New York: Clarendon Press. Edited by N. E. Simmonds & Hillel Steiner.details This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. Download Export citation Bookmark 28 citations
The Nature of Rights.Leif Wenar - 2005 - Philosophy and Public Affairs 33 (3):223-252.details The twentieth century saw a vigorous debate over the nature of rights. Will theorists argued that the function of rights is to allocate domains of freedom. Interest theorists portrayed rights as defenders of well-being. Each side declared its conceptual analysis to be closer to an ordinary understanding of what rights there are, and to an ordinary understand- ing of what rights do for rightholders. Neither side could win a decisive victory, and the debate ended in a standoff. Download Export citation Bookmark 101 citations
An essay on rights.Hillel Steiner - 1994 - Oxford, UK ;: Blackwell.details This book addresses the perennial question: What is justice? Download Export citation Bookmark 173 citations
The Concept of Rights.George Winston Rainbolt - 1990 - Dissertation, The University of Arizonadetails I argue that one has a right when another has a normative constraint with respect to one. The fact that claims and immunities are the only Hohfeldian elements which constrain another combined with the fact that rights necessarily constrain others gives us reason to think that to have a right is to have either a claim OR an immunity. Hohfeldian elements can be defined in terms of fundamental normative concepts such as obligation and impossibility. This analysis provides a plausible account (...) Download Export citation Bookmark 17 citations
The nature of rights debate rests on a mistake.Siegfried van Duffel - 2012 - Pacific Philosophical Quarterly 93 (1):104-123.details The recent debate over the nature of rights has been dominated by two rival theories of rights. Proponents of the Will Theory of rights hold that individual freedom, autonomy, control, or sovereignty are somehow to be fundamental to the concept of a right, while proponents of the Interest Theory argue that rights rather protect people's welfare. Participants in this debate commonly assume the existence of a single ‘concept’ of which both theories provide competing descriptions. The aim of this article is (...) Download Export citation Bookmark 12 citations

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