new essays on the nature of rights

• Search Menu
• Sign in through your institution
• Advance articles
• Author Guidelines
• Open Access
• Why Publish with PQ?
• About The Philosophical Quarterly
• About the Scots Philosophical Association
• About the University of St. Andrews
• Editorial Board
• Advertising and Corporate Services
• Journals Career Network
• Self-Archiving Policy
• Dispatch Dates
• Journals on Oxford Academic
• Books on Oxford Academic

Article Contents

• < Previous

New Essays on the Nature of Rights

• Article contents
• Figures & tables
• Supplementary Data

George W Rainbolt, New Essays on the Nature of Rights, The Philosophical Quarterly , Volume 69, Issue 277, October 2019, Pages 877–879, https://doi.org/10.1093/pq/pqz008

• Permissions Icon Permissions

This notable book collects 11 essays that were presented at a conference at the National University of Singapore in May of 2016. Nine of the eleven are focused on the nature of rights. In addition to being important to those doing research on the nature of rights, this collection would make an excellent text for an upper-level undergraduate or a lower-level graduate course. Only one of the 11 essays is by a woman.

‘The Value of Hohfeldian Neutrality when Theorising about Legal Rights’ by Andrew Halpin argues that Hohfeldian analysis is neutral in four senses. (1) It is possible to represent either side of any legal dispute in Hohfeldian terms. (2) Hohfeldian analysis does not favor either the ‘bundle of sticks’ or the ‘dominion’ theories of property. (3) Hohfeldian analysis does not favour a theory about the nature of law, e.g. formalism v realism. (4) Any theory of legal rights can be represented in Hohfeldian terms.

Visa AJ Kurki's ‘Legal Competence and Legal Power’ argues that the Hohfeldian notion of power is important but needs to be supplemented with the notion of competences, a subset of powers. This very good essay cuts through a great deal of confusion regarding powers, but one wonders whether a competence or a power is at the core of the rights typically thought of as power rights.

Matthew Kramer's essay, ‘In Defense of the Interest Theory of Right-Holding: Rejoinders to Leif Wenar on Rights’, is a detailed response to Wenar critiques of Kramer's interest theory. Of the works in the collection, it is the most focused on the interest/will debate. Anyone working on that debate needs to read this essay.

Simon Căbulea May's interesting and helpful essay, ‘Desires, Interests and Claim-Rights’, responds to Wenar's claim that interest theories imply that no rights exist in cases where rights do exist. It then argues that Wenar's kind-desire theory implies that rights exist in cases where they do not exist. Finally, it argues that justification versions of the interest theory are superior to the kind-desire theory because they better explain the link between rights and respect.

‘Legal Powers and the Will and Interest Theories of Rights’ by James Penner is a discussion of Wenar's and Kramer's view that the powers held by office-holders (such as judges) are rights. Penner argues that neither the will theory nor the interest theory provide a satisfactory account of powers of office-holders as rights. He suggests that the powers of office-holders are not rights. This essay is clear and raises interesting points about possible problems for the interest and will theories. However, I am not sure that Kramer and Wenar hold that a mere power is a right. Rather, I read them as saying that power-rights are packages of powers, claims, and immunities. It is unfortunate that Penner does not consider Carl Wellman's view of rights as packages of Hohfeldian elements with a core. (See Wellman's Real Rights , Oxford University Press, 1995.) Indeed, it is striking that Wellman's views are not discussed or cited by any of the essays in this volume.

‘Public Goods, Individual Rights, and Third-Party Benefits’ by Gopal Sreenivasan is an excellent essay that begins with the common view that we do not have rights to pure public goods (e.g. herd immunity to measles) and develops a critique of Kramer's view of third-party beneficiary cases. He argues that Kramer's version of the interest theory implies that we have rights to pure public goods and also that a great many third-party beneficiaries have rights.

Mark McBride's ‘The Tracking Theory of Rights’ begins with a defense of Sreenivasan's Hybrid Theory against critiques offered by Kramer and Steiner. It transitions to offering a new theory of the rights. It is an interesting and innovative essay that requires and rewards close reading. Many of the key argumentative moves take place in footnotes and this makes the essay hard to read.

In ‘The Circularity of the Interest and Will Theories of Rights’, Rowan Cruft argues that the will theories, Raz's theory, Kramer's theory, Wenar's theory, and Sreenivasan's theory are all circular. Will theories are circular because they define the control that is necessary and sufficient to have a right as the control necessary and sufficient to have a right. The other theories all involve a conception of interests that, in the end, boils down to the claim that something is in one's interest when they have a right to it. While I was not convinced of the circularity claims, this nicely done essay contains clear and useful presentations of Kramer's, Wenar's, and Sreenivasan's theories that cut through technicalities and allow one to see the important similarities and differences between the views.

‘Adequacy Constraints for a Theory of Rights’ by Siegfried Van Duffel sets out a non-exhaustive list of adequacy conditions for a theory of rights. It helpfully elucidates the links between theories of having a right and theories of what sorts of things can have rights. It usefully draws a distinction between vested liberties (which are protected by claims explicitly tied to those liberties) and protected liberties (which are protected by more general duties not tied to the specific liberties in question). It raises interesting and innovative objections to the normative constraint thesis.

In ‘Respectful Adjudication of Rights Conflict’, Anna-Karin Andersson argues that in cases of rights conflict, when nothing about the rights in question, the content of rights in question, or the circumstances of the conflict allow us to determine which right should prevail, we should consider which of the two parties has done more to promote various moral values. It touches on many issues (e.g. the distinction between the results of luck vs the results of choice) that need a more in depth discussion.

Hillel Steiner's ‘Corrective Rights’ discusses Weinrib's and Ripstein's views of the Kantian Principle of Right and a central problem for this Principle: the appropriation of unowned natural resources. It seems that appropriation of unowned natural resources makes others less free. Steiner argues that Kant's, Weinrib's, and Ripstein's solution to this problem do not succeed. Steiner goes on to suggest his own solution to this problem. He holds that we are all entitled to an equal share of natural resources. This thesis is interesting, but Steiner devotes only three pages to defending it.

In sum, New Essays on the Nature of Rights is an important work that those working on the nature of rights will want to read.

Email alerts

Citing articles via.

• Contact the University of St. Andrews
• Contact the Scots Philosophical Association
• X (formerly Twitter)
• Recommend to your Library

Affiliations

• Online ISSN 1467-9213
• Print ISSN 0031-8094
• Copyright © 2024 Scots Philosophical Association and the University of St. Andrews
• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Institutional account management
• Rights and permissions
• Get help with access
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Browse Subjects

• Law Philosophy.">Philosophy.
• Law and ethics.
• Law Methodology.">Methodology.
• Natural law.
• Jurisprudence.

• Find a Library
• Browse Collections
• New Essays on the Nature of Rights

By Mark McBride

Add Book To Favorites

Is this your library?

Sign up to save your library.

With an OverDrive account, you can save your favorite libraries for at-a-glance information about availability. Find out more about OverDrive accounts.

9781509910144

Mark McBride

Bloomsbury Publishing

24 August 2017

Find this title in Libby, the library reading app by OverDrive.

Search for a digital library with this title

Title found at these libraries:.

• Kindle Store
• Kindle eBooks
• Politics & Social Sciences

Promotions apply when you purchase

These promotions will be applied to this item:

Some promotions may be combined; others are not eligible to be combined with other offers. For details, please see the Terms & Conditions associated with these promotions.

• Highlight, take notes, and search in the book

Buy for others

Buying and sending ebooks to others.

• Select quantity
• Buy and send eBooks
• Recipients can read on any device

These ebooks can only be redeemed by recipients in the US. Redemption links and eBooks cannot be resold.

Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required .

Read instantly on your browser with Kindle for Web.

Using your mobile phone camera - scan the code below and download the Kindle app.

Image Unavailable

• To view this video download Flash Player

New Essays on the Nature of Rights 1st Edition, Kindle Edition

• ISBN-13 978-1509910144
• Edition 1st
• Publisher Hart Publishing
• Publication date August 24, 2017
• Language English
• File size 5619 KB
• See all details

Kindle E-Readers

• Kindle Paperwhite
• Kindle Paperwhite (5th Generation)
• Kindle Touch
• Kindle Voyage
• Kindle Oasis
• All new Kindle paperwhite
• All New Kindle E-reader
• Kindle Oasis (9th Generation)
• Kindle Paperwhite (10th Generation)
• Kindle Paperwhite (11th Generation)
• All New Kindle E-reader (11th Generation)
• Kindle Scribe (1st Generation)
• Kindle (10th Generation)
• Kindle Oasis (10th Generation)

Fire Tablets

• Fire HD 8 (8th Generation)
• Fire 7 (9th Generation)
• Fire HD 10 (9th Generation)
• Fire HD 8 (10th Generation)
• Fire HD 10 (11th Generation)
• Fire HD 10 Plus
• Fire 7 (12th Generation)
• Fire HD 8 (12th Generation)
• Fire HD 8 Plus

Free Kindle Reading Apps

• Kindle for Android Phones
• Kindle for Android Tablets
• Kindle for iPhone
• Kindle for iPad
• Kindle for Mac
• Kindle for PC
• Kindle for Web

Editorial Reviews

About the author, product details.

• ASIN ‏ : ‎ B073GJTCC1
• Publisher ‏ : ‎ Hart Publishing; 1st edition (August 24, 2017)
• Publication date ‏ : ‎ August 24, 2017
• Language ‏ : ‎ English
• File size ‏ : ‎ 5619 KB
• Text-to-Speech ‏ : ‎ Enabled
• Screen Reader ‏ : ‎ Supported
• Enhanced typesetting ‏ : ‎ Enabled
• X-Ray ‏ : ‎ Not Enabled
• Word Wise ‏ : ‎ Enabled
• Print length ‏ : ‎ 420 pages

Customer reviews

• 5 star 4 star 3 star 2 star 1 star 5 star 0% 0% 0% 0% 0% 0%
• 5 star 4 star 3 star 2 star 1 star 4 star 0% 0% 0% 0% 0% 0%
• 5 star 4 star 3 star 2 star 1 star 3 star 0% 0% 0% 0% 0% 0%
• 5 star 4 star 3 star 2 star 1 star 2 star 0% 0% 0% 0% 0% 0%
• 5 star 4 star 3 star 2 star 1 star 1 star 0% 0% 0% 0% 0% 0%

Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them.

To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzed reviews to verify trustworthiness.

No customer reviews

Report an issue.

• Amazon Newsletter
• About Amazon
• Accessibility
• Sustainability
• Press Center
• Investor Relations
• Amazon Devices
• Amazon Science
• Sell on Amazon
• Sell apps on Amazon
• Supply to Amazon
• Protect & Build Your Brand
• Become an Affiliate
• Become a Delivery Driver
• Start a Package Delivery Business
• Advertise Your Products
• Self-Publish with Us
• Become an Amazon Hub Partner
• › See More Ways to Make Money
• Amazon Visa
• Amazon Store Card
• Amazon Secured Card
• Amazon Business Card
• Shop with Points
• Credit Card Marketplace
• Reload Your Balance
• Amazon Currency Converter
• Your Account
• Your Orders
• Shipping Rates & Policies
• Amazon Prime
• Returns & Replacements
• Manage Your Content and Devices
• Recalls and Product Safety Alerts
• Registry & Gift List
• Conditions of Use
• Privacy Notice
• Consumer Health Data Privacy Disclosure
• Your Ads Privacy Choices

• Library Home
• Ask a Librarian
• ArticlesPlus

New essays on the nature of rights /

• Description
• Table of Contents

Oops! Looks like we're having trouble connecting to our server.

Refresh your browser window to try again.

Product Key Features

• Number of Pages 256 Pages
• Publication Name New Essays on the Nature of Rights
• Language English
• Subject Human Rights, Jurisprudence, Political
• Publication Year 2017
• Type Textbook
• Subject Area Law, Philosophy, Political Science
• Author Mark Mcbride
• Format Hardcover
• Item Height 0.6 in
• Item Weight 18.9 Oz
• Item Length 9.2 in
• Item Width 6.1 in

Additional Product Features

• Intended Audience College Audience
• LCCN 2017-017561
• Dewey Edition 23
• Reviews " New Essays on the Nature of Rights is an important work that those working on the nature of rights will want to read." -- The Philosophical Quarterly, New Essays on the Nature of Rights is an important work that those working on the nature of rights will want to read.
• Illustrated Yes
• Dewey Decimal 340.112
• Table Of Content 1. The Value of Hohfeldian Neutrality when Theorising about Legal Rights Andrew Halpin 2. Legal Competence and Legal Power Visa AJ Kurki 3. In Defence of the Interest Theory of Right-Holding: Rejoinders to Leif Wenar on Rights Matthew H Kramer 4. Desires, Interests and Claim-Rights Simon C a bulea May 5. Legal Powers and the Will and Interest Theories of Rights James Penner 6. Public Goods, Individual Rights and Third-Party Benefits Gopal Sreenivasan 7. The Tracking Theory of Rights Mark McBride 8. The Circularity of the Interest and Will Theories of Rights Rowan Cruft 9. Adequacy Constraints for a Theory of Rights Siegfried Van Duffel 10. Respectful Adjudication of Rights Conflicts Anna-Karin Andersson 11. Corrective Rights Hillel Steiner
• Synopsis This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar , King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel , The Hebrew University of Jerusalem
• LC Classification Number K258

Hardcover Essays & Speeches Antiquarian & Collectible Books

Mark twain hardcover books, mark twain hardcovers books, essays & speeches hardcover original antiquarian & collectible books, mark greaney fiction hardcover books, mark twain hardcover books in russian.