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Conceptions of Rights in Recent Anglo-American Philosophy

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Encyclopedia of the Philosophy of Law and Social Philosophy

Introduction

Although the concept of rights is rather complex, there is considerable agreement about what might be included in a preliminary characterization. For example, there is widespread consensus that rights (understood as the normative capacity of persons to enter into certain ways of acting or of being treated) are things that (i) can be distributed, more or less equally, on an individual basis to each and all of those who are relevantly said to be rightholders. (ii) Most people think that rights are, in some sense, justified. But there is considerable controversy as to what, precisely, is the proper focus of justification. (iii) For a final example, the idea that rights always involve some sort of significant normative direction of the behavior of others (though it gives rise to important interpretive issues) would, as stated, appear to be almost universally agreed upon.

Concepts and Conceptions

The characterization of rights I offered above identifies three of the most...

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References

  • Barnett R (1996) The structure of liberty: justice and the rule of law. Oxford University Press, Oxford

    Google Scholar 

  • Beitz CR (2009) The idea of human rights. Oxford University Press, Oxford

    Book  Google Scholar 

  • Darby D (2003) Unnatural rights. Can J Philos 33:49–82

    Article  Google Scholar 

  • Darby D (2009) Rights, race, and recognition. Cambridge University Press, Cambridge

    Google Scholar 

  • Dworkin R (1978) Taking rights seriously. Harvard University Press, Cambridge, MA. (Essays 2–4, 6, 7, 12, 13 are especially relevant to rights)

    Google Scholar 

  • Dworkin R (1985) A matter of principle. Harvard University Press, Cambridge, MA. (Essays 2, 17 are especially relevant to rights)

    Google Scholar 

  • Feinberg J (1973) Social philosophy. Foundations of philosophy series. Prentice-Hall, Englewood Cliffs (Feinberg was probably the leading American writer on the concept of rights in the second half of the twentieth century; his argument that rights are valid claims has been especially influential. Chs. 4–6 are relevant to rights)

    Google Scholar 

  • Gaus G (2006) The rights recognition thesis: defending and extending Green. In: Dimova-Cookson M, Mander WJ (eds) T.H. Green: ethics, metaphysics, and political philosophy. Oxford University Press, Oxford, pp 209–235

    Chapter  Google Scholar 

  • Gray J (1996) Mill on liberty: a defence, 2nd edn. Routledge, London. (The 2nd edition reprints the main text of the 1st edition of 1983, with pagination unchanged, and adds to that a short ‘preface to the second edition’ and a longer ‘postscript’. Gray is one the leading theorists of indirect utilitarianism)

    Google Scholar 

  • Griffin J (2008) On human rights. Oxford University Press, Oxford

    Book  Google Scholar 

  • Hart HLA (1973) Bentham on legal rights (Reprinted, unchanged, as ch. 7 in H.L.A. Hart. 1982). Essays on Bentham: studies in jurisprudence and political theory. Oxford University Press, Oxford (One of several of Hart’s important accounts of the will theory of rights – of rights as protected choices)

    Google Scholar 

  • Hart HLA (1983) Essays in jurisprudence and philosophy. Clarendon Press, Oxford. (See chs. 8 and 9 for Hart’s later thoughts about utilitarianism and rights; these essays were originally published in 1979)

    Book  Google Scholar 

  • Hohfeld WN (1964) Fundamental legal conceptions. Yale University Press, New Haven. (The Hohfeldian elements, if I may call them that, come in pairs (claim/duty, power/liability, immunity/disability, and so on))

    Google Scholar 

  • Lyons D (1982) Utility and rights. In: Pennock JR, Chapman JW (eds) Ethics, economics, and the law. NOMOS, 24. New York University Press, New York (This essay criticizes the thesis that indirect utilitarianism is compatible with basic rights, but many of Lyons’ earlier essays, as reprinted in Lyons 1994, had supported that compatibility)

    Google Scholar 

  • Lyons D (1994) Rights, welfare, and Mill’s moral theory. Oxford University Press, New York. (Collects together the 1982 essay referred to above with other relevant essays on Mill)

    Google Scholar 

  • Martin R (1993) A system of rights. Oxford University Press, Oxford

    Google Scholar 

  • Martin R (2005) Rights. In: Craig E (ed) The shorter Routledge encyclopedia of philosophy. Routledge, London, pp 907–912. (A source for the present entry, especially the introduction and the discussion of the functions of rights)

    Google Scholar 

  • Martin R (2013a) Rights. In: LaFollette H (ed) International encyclopedia of ethics. Wiley-Blackwell, Oxford, pp 4616–4631

    Google Scholar 

  • Martin R (2013b) Human rights and the social recognition thesis. J Soc Philos 44.1:1–21. (This paper is part of a symposium on “rights and recognition,” published in this issue of the Journal of Social Philosophy)

    Article  Google Scholar 

  • Nickel JW (1980) Recent work on the concept of rights, with R. Martin, co-author. Am Philos Q 17:165–180. (A survey of much of the early formative literature on rights, a source for the discussion in the present entry of the claims/practices conceptions of rights)

    Google Scholar 

  • Nickel JW (2007) Making sense of human rights, 2nd edn. Blackwell, Oxford

    Google Scholar 

  • Nozick R (1974) Anarchy, state, and utopia. Basic Books, New York

    Google Scholar 

  • O’Neill O (2000) Bounds of justice. Cambridge University Press, Cambridge

    Book  Google Scholar 

  • O’Neill O (2005) The dark side of human rights. Int Aff 81(2):427–439

    Article  Google Scholar 

  • Rawls J (1993) Political liberalism. Columbia University Press, New York. (2nd edition, enlarged, in paperback, 1996. In this book Rawls reworks his theory of justice as a political theory. It contains, unrevised, Rawls’s important 1982 Tanner lecture on ‘The basic liberties and their Priority’)

    Google Scholar 

  • Rawls J (1999) A theory of justice, 2nd edn. Harvard University Press, Cambridge, MA. (1st edition, 1971. Rawls’s characterization of rights is vague, but the book contains one of the most suggestive attempts at a critical justification of rights and a powerful critique of utilitarianism on this score)

    Google Scholar 

  • Raz J (1986) The morality of freedom. Oxford University Press, Oxford. (One of the most important accounts of the interest theory of rights)

    Google Scholar 

  • Symposium on ‘rights and the direction of duties’ (2013) Ethics 123(2):195–291

    Google Scholar 

  • Sumner LW (1987) The moral foundation of rights. Oxford University Press, Oxford. (This well-written book develops an account of rights, including moral rights, as justifiable conventional rights, and it represents one of the most important attempts to provide a critical justification of rights on a consequentialist – largely utilitarian – basis)

    Google Scholar 

  • Tomalty J (2014) The force of the claimability objection to the human right to subsistence. Can J Philos 44(1):1–17

    Article  Google Scholar 

  • Wenar L (2005) The nature of rights. Philos Publ Aff 33(3):223–252. (Important analytical and critical study, with many citations to the interest and will and other theories of the function of rights)

    Article  Google Scholar 

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Martin, R. (2017). Conceptions of Rights in Recent Anglo-American Philosophy. In: Sellers, M., Kirste, S. (eds) Encyclopedia of the Philosophy of Law and Social Philosophy. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-6730-0_369-1

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