The Concept of Rights

1. Front Matter

   Pages i-xv

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2. Rights and Hohfeldian Analysis

   Pages 1-23

3. Normative Constraints

   Pages 25-62

4. Deontic and Alethic Concepts

   Pages 63-83

5. The Relational Nature of Rights

   Pages 85-116

6. Rights, Reasons, and Persons

   Pages 117-156

7. Rights Conflict

   Pages 157-194

8. Right Holders: Present

   Pages 195-209

9. Right Holders: Past and Future

   Pages 211-232

10. A Final Comparison

    Pages 233-244

11. Back Matter

    Pages 245-258

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Discussions of rights are ubiquitous. One constantly hears things such as: “The Chinese are violating Tibetan rights,” “Landlords have a right that their tenants pay their rent,” “Students have a right to be graded fairly,” “Animals have a right not to suffer merely to bring pleasure to humans,” “Abortion violates a fetus’ right to life,” “We violate the rights of future generations when we pollute the water. ” These statements assert that Tibetans, landlords, students, animals, fetuses, and future generations all have rights. Tibetans, landlords, students, animals, fetuses, and future generations do not seem to have much in common. When one presses for clarity, it is very dif?cult to say precisely what a right is. What is it to have a right? That is the question this book seeks to answer. To paint with an overly broad brush, previous answers to this question can be divided into two groups. Some hold interest/bene?t theories of rights while others hold choice/will theories of rights. Perhaps the ?rst person to propose an interest/bene?t theory was Jeremy Bentham. Its most cited contemporary defender is Joseph Raz. The seminal statement of the choice theory was made by H. L. A. Hart. Carl Wellman is perhaps the most able defender of a will theory of rights. The debate between these two groups of theories has been a productive one.

• Consequentialism
• H.L.A. Hart
• Joseph Raz
• morality
• will

"With clear exposition, powerful argument and informed incisive critisms of alternative theories, this book gives a systematic account of an original and important alternative to the best theories of rights in the recent literature."
Carl Wellman, Washington University, St Louis, USA

 "More systematic, nuanced, and sophisticated than almost all other (Hohfeldian and neo-Hohfeldian analyses of rights talk). His peer in this regard is perhaps Judith Jarvis Thomson."
Richard Arneson, University of California at San Diego, USA

"The most sophisticated [Hohfeldian rights analysis] I have seen."
David Schmidtz, University of Arizona, Tucson, USA

"First-rate book, the best thing on the subject since Sumner and Thomson's books fifteen to twenty years ago."
Christopher W. Morris, University of Maryland, College Park, USA

"Advances the positions of Joseph Raz and H.L.A. Hart, perhaps the two most important legal philosophers of the last century"
Douglas Husak, Rutgers, The State University of New Jersey, USA

• Georgia State University, Atlanta, USA

  George W. Rainbolt

Policies and ethics