Rights and Right-Holding

Auteur
Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge and is a Fellow of Churchill College, Cambridge. He is the Director of the Cambridge Forum for Legal & Political Philosophy, and he has been a Fellow of the British Academy since 2014. His work covers numerous areas of political, moral, and legal philosophy. He is the author of nineteen books (three of them co-authored), and he is the co-editor of four additional books.

Texte du rabat

Rights and Right-Holding presents a rigorous philosophical investigation of the two phenomena mentioned in its title. The book engages with a number of key topics, including the Hohfeldian analysis of legal and moral positions and the longstanding debates between the Interest Theory of right-holding and the Will Theory of right-holding.

Résumé
Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-right with a certain content is correlative to at least one duty with the same content and that every duty with a certain content is correlative to at least one claim-right with the same content. The volume then addresses the longstanding debates over the nature of right-holding, with a sustained defense of the Interest Theory and with some innovative critiques of the Will Theory. Finally, it considers the ethical and analytical questions involved in determining who can hold claim-rights at all. It argues that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings, many dead people, and all future generations of people, along with most non-human animals. Addressing some major topics within moral, legal, and political philosophy,Rights and Right-Holding: A Philosophical Investigation will be a key work for philosophers and academic lawyers alike.