Rights and Reason: An Introduction to the Philosophy of RightsRoutledge, 2014 M12 18 - 224 pages In "Rights and Reason", Jonathan Gorman sets discussion of the 'rights debate' within a wide-ranging philosophical and historical framework. Drawing on positions in epistemology, metaphysics and the theory of human nature as well as on the ideas of canonical thinkers, Gorman provides an introduction to the philosophy of rights that is firmly grounded in the history of philosophy as well as the concerns of contemporary political and legal philosophy. The book gives readers a clear sense that, just as there are arguments about the content of rights, and just as there are myriad claims to rights, so there are pluralities of theories of rights that offer some understanding of the moral and legal realm and of the place rights may hold within it. Gorman argues that in a pluralist context of inconsistent rights we require pragmatic procedures rather than universal principles of justice to resolve conflicting claims. |
Contents
1 | |
CHAPTER 2 Plato | 28 |
CHAPTER 3 Hobbes | 39 |
CHAPTER 4 Locke | 55 |
CHAPTER 5 Human motivation | 65 |
CHAPTER 6 Human value | 71 |
CHAPTER 7 Hohfelds analysis | 83 |
CHAPTER 8 Hohfelds analysis analysed | 100 |
CHAPTER 11 Understanding rights | 135 |
CHAPTER 12 The rightsbased approach | 150 |
CHAPTER 13 Duty and justice | 169 |
Conclusion | 178 |
APPENDIX 1 United Nations Universal Declaration of Human Rights | 193 |
APPENDIX 2 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No 11 Rome ... | 200 |
217 | |
223 | |
Other editions - View all
Rights and Reason: An Introduction to the Philosophy of Rights Jonathan L. Gorman Limited preview - 2003 |
Rights and Reason: An Introduction to the Philosophy of Rights Jonathan L. Gorman Limited preview - 2003 |
Common terms and phrases
accept according actions actually analysis analytical application approach argument authority beliefs Chapter choice claim claim-right concept concern conclusion consistent contestants continue contrast Convention correlatives Court desires determine distinction duties equal essentially eternal example exercise existence experience expressed Finnis freedom fundamental give given grounds held Hobbes Hohfeld hold human nature human rights Hume Ibid idea implies important inconsistent independent individual interests involved issue judges justice justified Kant kind knowledge language liberty Locke logical matter meaning metaphysical moral motivated necessary noted objective observer Oxford particular person philosophy philosophy of law Plato point of view political position practice present Press principles prior question rational Rawls reality reason recognize reference relation requires respect rights and duties rules says seen sense shared situation social society standards structure theory things true truth understanding understood universal values