Article

Rights

F. M. Kamm

in The Oxford Handbook of Jurisprudence and Philosophy of Law

Published in print January 2004 | ISBN: 9780199270972
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199270972.013.0012

Series: Oxford Handbooks in Law

 Rights

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This article considers certain conceptual aspects of rights, both moral and legal, and then moves to more substantive issues about grounds for rights, the conflict between rights and promoting goods, and conflicts among rights. Some theories of rights focus on the characteristics of the rightholder that give rise to the specific right set. Other theories of rights focus on a power—either to choose or to make claims—which the rightholder is said to have in addition to his being the subject of a directed duty. It offers an account of why some rights must never be transgressed. This article discusses how a right and its stringency may not be a function of the interest it protects. It provides a detailed discussion on the conflicts of rights. Conflicts can occur between rights involving the same interests or involving different interests.

Keywords: right; moral; legal; rightholder; conflicts; interests

Article.  23131 words. 

Subjects: Law ; Jurisprudence and Philosophy of Law

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