Rights and Right-Holding

Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-...

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Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-right with a certain content is correlative to at least one duty with the same content, and that every duty with a certain content is correlative to at least one claim-right with the same content. The volume then addresses the longstanding debates over the nature of right-holding, with a sustained defense of the Interest Theory and with some innovative critiques of the Will Theory. Finally, it considers the ethical and analytical questions involved in determining who can hold claim-rights at all. It argues that the beings capable of holding claim-rights include not only human adults of sound mind, but also all other living human beings, many dead people, and all future generations of people, along with most non-human animals.

Addressing some major topics within moral, legal, and political philosophy, Rights and Right-Holding: A Philosophical Investigation will be a key work for philosophers and academic lawyers alike.

Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge and is a Fellow of Churchill College, Cambridge. He is the Director of the Cambridge Forum for Legal & Political Philosophy, and he has been a Fellow of the British Academy since 2014. His work covers numerous areas of political, moral, and legal philosophy. He is the author of ninetee...

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Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge and is a Fellow of Churchill College, Cambridge. He is the Director of the Cambridge Forum for Legal & Political Philosophy, and he has been a Fellow of the British Academy since 2014. His work covers numerous areas of political, moral, and legal philosophy. He is the author of nineteen books (three of them co-authored), and he is the co-editor of four additional books.

Front Matter
Copyright Page
Preface
1. Introduction
1.1 The Scope of the Book
1.2 A Note on Formalization
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Front Matter
Copyright Page
Preface
1. Introduction
1.1 The Scope of the Book
1.2 A Note on Formalization
1.3 A Note on Methodology and on the Standards for Success
1.4 Past Publications
2. The Hohfeldian Analysis of Legal and Moral Relationships
2.1 Some Remarks on General Terminology
2.2 Correlativity
2.3 The Diagonals: Duality and Contradictoriness
2.4 Claim-Rights and Duties
2.5 Liberties and No-Rights
2.6 Powers and Liabilities
2.7 Immunities and Disabilities
3. In Defense of the Correlativity Axiom
3.1 A Glimpse of the Interest Theory of Right-Holding
3.2 The Axiomaticity of the Correlativity Axiom
3.3 Justificatory Priorities
3.4 Misrepresentations of the Correlativity Axiom
3.5 Eleemosynary Duties
3.6 More Mistakes by MacCormick
3.7 Generality versus Concreteness
3.8 Claim-Rights versus Interests
3.9 Stages of Emergence
3.10 No Wrongs without Claim-Rights
4. In Praise of the Interest Theory of Right-Holding
4.1 The Interest Theory of Right-Holding
4.2 The Interest Theory in Connection with the Holding of Moral Claim-Rights
4.3 The Interest Theory of Right-Holding versus the Razian Interest Theory of Rights
4.4 The Capacious Version of the Interest Theory of Right-Holding
4.5 Objections to the Will Theory of Right-Holding
4.6 A Short Summary
5. Potential Holders of Claim-Rights
5.1 The Need for This Chapter
5.2 An Expansive Conception of Interests
5.3 Distinct Issues
5.4 A Discourse on Value
5.5 Warranted Self-Respect and the Class of Potential Holders of Claim-Rights
5.6 A Laconic Conclusion
End Matter
References
Index
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