Legal Rights

Author:   Pavlos Eleftheriadis (Fellow and Tutor in Law, Mansfield College, Oxford)
Publisher:   Oxford University Press
ISBN:  

9780199545285


Pages:   202
Publication Date:   11 September 2008
Format:   Hardback
Availability:   To order   Availability explained
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Legal Rights


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Full Product Details

Author:   Pavlos Eleftheriadis (Fellow and Tutor in Law, Mansfield College, Oxford)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 1.80cm , Length: 24.10cm
Weight:   0.469kg
ISBN:  

9780199545285


ISBN 10:   0199545286
Pages:   202
Publication Date:   11 September 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Preface ; 1. History and Theory ; 2. Descriptions and Constructions ; 3. The Practical Argument ; 4. Rights in law ; 5. Obligation and Permission ; 6. Legal Relations ; 7. The Right to Property ; 8. Freedom through Law ; 9. Rights in Deliberation ; Index

Reviews

...an exciting, erudite and original book with a grand, sweeping argument...It is exhilarating to read a sharp, synthesising author at work on such a broad, sustained argument * Rowan Cruft, Law and Philosophy Journal * In Legal Rights, Pavlos Eleftheriadis provides a novel and powerful argument for the relevance of normative political philosophy to the understanding of legal concepts. Eleftheriadis develops an account of the way rights figure as premises in legal argument, which both accounts for the priority attached to them and the ways in which they are subject to mutual adjustment in light of other rights. In so doing he overcomes the standard division between interest and will theories, and shows that conceptual debates about the concept of a right presuppose normative arguments about each citizen's most basic entitlement to freedom. * Arthur Ripstein, Prof of Law and Philosophy, University of Toronto * Legal Rights contains a valuable survey of, and makes a distinct contribution to ongoing debates on the nature of law and legal rights and the role of legal theory. The author regards law as an interpretative system of practical reasoning. He explains legal rights primarily in terms of their social role as public reasons that justify complex legal relations including clusters of claims, liberties, powers and immunities. Property rights then are explained as fundamentally social...complex normative relations...among persons in their possession and use of things. Finally the author argues for a Kantian will theory of rights, moral and legal, that regards rights as conditions for individuals' freedom and responsible agency. Legal Rights makes important contributions to both legal and political philosophy.


Legal Rights contains a valuable survey of, and makes a distinct contribution to ongoing debates on the nature of law and legal rights and the role of legal theory. The author regards law as an interpretative system of practical reasoning. He explains legal rights primarily in terms of their social role as public reasons that justify complex legal relations including clusters of claims, liberties, powers and immunities. Property rights then are explained as fundamentally social...complex normative relations...among persons in their possession and use of things. Finally the author argues for a Kantian will theory of rights, moral and legal, that regards rights as conditions for individuals' freedom and responsible agency. Legal Rights makes important contributions to both legal and political philosophy. In Legal Rights, Pavlos Eleftheriadis provides a novel and powerful argument for the relevance of normative political philosophy to the understanding of legal concepts. Eleftheriadis develops an account of the way rights figure as premises in legal argument, which both accounts for the priority attached to them and the ways in which they are subject to mutual adjustment in light of other rights. In so doing he overcomes the standard division between interest and will theories, and shows that conceptual debates about the concept of a right presuppose normative arguments about each citizen's most basic entitlement to freedom. Arthur Ripstein, Prof of Law and Philosophy, University of Toronto ...an exciting, erudite and original book with a grand, sweeping argument...It is exhilarating to read a sharp, synthesising author at work on such a broad, sustained argument Rowan Cruft, Law and Philosophy Journal


Author Information

Dr Pavlos Eleftheriadis is Fellow in Law at Mansfield College, Oxford and University Lecturer in the Faculty of Law at the University of Oxford, where he teaches jurisprudence, public law and European Union law.

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