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This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem
These are exciting times for philosophical theorizing about propositions, with the last 15 years seeing the development of new approaches and the emergence of new theorists. Propositions have been invoked to explain thought and cognition, the nature and attribution of mental states, language and communication, and in philosophical treatments of truth, necessity and possibility. According to Frege and Russell, and their followers, propositions are structured mind- and language-independent abstract objects which have essential and intrinsic truth-conditions. Some recent theorizing doubts whether propositions really exist and, if they do, asks how we can grasp, entertain and know them? But most of the doubt concerns whether the abstract approach to propositions can really explain them. Are propositions really structured, and if so where does their structure come from? How does this structure form a unity, and does it need to? Are the representational and structural properties of propositions really independent of those of thinking and language? What does it mean to say that an object occurs in or is a constituent of a proposition? The volume takes up these and other questions, both as they apply to the abstract object approach and also to the more recently developed approaches. While the volume as a whole does not definitively and unequivocally reject the abstract objection approach, for the most part, the papers explore new critical and constructive directions. This book was originally published as a special issue of the Canadian Journal of Philosophy.
This volume of essays by one of America's preeminent philosophers in the area of jurisprudence and moral philosophy gathers together fourteen papers that had been published in widely scattered and not readily accessible sources. All of the essays deal with the political ideals of liberty and justice or with hard cases for the application of the concept of a right. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The summation of nearly three decades of work by a leading figure in environmental ethics and bioethics. The 22 papers are invigoratingly diverse, but together tell a unified story about various aspects of the morality of our relationships to animals and to nature.
The definitive and essential collection of classic and new essays on analytic theories of truth, revised and updated, with seventeen new chapters. The question "What is truth?" is so philosophical that it can seem rhetorical. Yet truth matters, especially in a "post-truth" society in which lies are tolerated and facts are ignored. If we want to understand why truth matters, we first need to understand what it is. The Nature of Truth offers the definitive collection of classic and contemporary essays on analytic theories of truth. This second edition has been extensively revised and updated, incorporating both historically central readings on truth's nature as well as up-to-the-moment contemporary essays. Seventeen new chapters reflect the current trajectory of research on truth.
The governing theme of this volume is the role of systematicity in Kant's theoretical and practical philosophy. Kant's System of Nature and Freedom will be essential for anyone working on the history of modern philosophy and related areas of ethics, philosophy of science, and metaphysics.
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
Over his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. The essays collected in this volume range across this exciting and contested field. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights into the cultural and political role of law and rights in a variety of historical contexts and circumstances.