Title: New essays on the nature of rights /
Authors: McBride, Mark, 1978-
Year: 2017
Subjects: Law Philosophy; Law and ethics.; Law Methodology; Natural law; Jurisprudence; Jurisprudence; Law and ethics; Law Methodology.; Law (Philosophical concept); Natural law; Recht; Naturrecht; Ethik; Philosoph
Abstract: 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.
Contents: The value of Hohfeldian neutrality when theorising about legal rights / Andrew Halpin -- Legal competence and legal power / Visa A.J. Kurki -- In defence of the interest theory of right-holding : rejoinders to Leif Wenar on rights / Matthew H. Kramer -- Desires, interests and claim-rights / Simon Căbulea May -- Legal powers and the will and interest theories of rights / James Penner -- Public goods, individual rights and third-party benefits / Gopal Sreenivasan -- The tracking theory of rights / Mark McBride -- The circularity of the interest and will theories of rights / Rowan Cruft -- Adequacy constraints for a theory of rights / Siegfried Van Duffel -- Respectful adjudication of rights conflicts / Anna-Karin Andersson -- Corrective rights / Hillel Steiner.