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Human Rights, Ownership, and the Individual

Autor Rowan Cruft
en Limba Engleză Paperback – 20 oct 2021
Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights - that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system, that resembles markets but is not conceived in terms of rights, would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.
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Specificații

ISBN-13: 9780192855336
ISBN-10: 0192855336
Pagini: 304
Dimensiuni: 154 x 235 x 17 mm
Greutate: 0.44 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Rowan Cruft's ingenious addition to the canon of how to think about human rights, and rights more generally, rewrites the score
Human Rights, Ownership, and the Individual is an extraordinarily ambitious book. Professor Cruft develops a sophisticated abstract framework for thinking about rights, which he then applies to various areas of ethical and legal life, especially human rights and property. This approach connects areas that might otherwise seem disparate by viewing them through the lens of the same philosophical abstractions
...extremely interesting...
The very first question philosophers of rights need to answer is why we possess the language and practice of "directed duties" in the first place. What makes Rowan Cruft's Human Rights, Ownership, and the Individual such a critical contribution to the philosophy of rights is that it provides a complete and thought-provoking answer to that first question.
a valuable and original contribution to the recent philosophical literature on rights and human rights . . . ambitious and wide-ranging . . . many topics of great interest and importance on which he has advanced the state of the art . . . His book is required reading for anyone doing serious work on rights and human rights.
a rich and carefully structured book, written with clarity and integrity . . . The author's appetite for argument is formidable, his intelligence is obvious, and the analysis offered is always thought-provoking and often subtle. While I find myself disagreeing with some of the author's conclusions, the central ideas which drive the argument of the book represent an important advance in the literature.
Cruft manages to do what few philosophers are able to do: offer a genuine competitor to extant theories of rights in general, and human rights in particular. The book is replete with arresting insights and does not shy away -- on the contrary -- from reaching controversial conclusions on (in particular) the grounds and scope of property rights. Cruft's ability to conduct forensic dissections of the literature without losing sight of his overarching aims is extraordinary. With this book, he cements his status as a leading legal, moral and political philosopher.
This is the most original, rigorous, and wide-ranging book on rights in many years. Rowan Cruft makes fundamental advances in describing how rights do -- and should -- structure our moral, legal, and social relations to each other.
In the face of criticisms of the concept of rights as no longer useful for political theory and practice, Cruft's masterfully argued book reveals their power and their humanitarian import. His work is engaging, original, and profoundly important in these difficult times.

Notă biografică

Rowan Cruft is Professor of Philosophy at the University of Stirling. His work focuses on the nature and moral foundation of rights and duties. He is the co-editor of Crime, Punishment, and Responsibility (OUP, 2011) and of Philosophical Foundations of Human Rights (OUP, 2015). His research examines the nature and justification of rights and duties, and their role in shaping a democratic public sphere.