An approach to rights : studies in the philosophy of law and morals

__An Approach to Rights__ contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.

An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.

Front Matter....Pages i-ix Seeking a Theory of Rights....Pages 1-48 Upholding Legal Rights....Pages 49-62 Legal Rights....Pages 63-73 A New Conception of Human Rights....Pages 74-84 Consent to Medical Research on Children....Pages 85-104 Taking Economic Rights Seriously....Pages 105-116 Moral Rights and Positive Law....Pages 117-126 The Growth of Children’s Rights....Pages 127-140 Terrorism and Moral Rights....Pages 141-163 Judicial Discretion and Constitutional Law....Pages 164-176 The Right to Privacy and Personal Autonomy....Pages 177-186 Social Justice and Human Rights....Pages 187-199 Violence, Law, and Basic Rights....Pages 200-216 Politics and Constitutional Rights....Pages 217-230 Interpreting the Bill of Rights: Alternative Conceptions of Rights....Pages 231-243 The Inalienable Right to Life and the Durable Power of Attorney....Pages 244-263 Back Matter....Pages 264-274