Legal Rights and Moral Rights

This Element delves into the complexities of legal and moral rights, their holding, and the rationale behind their distribution.

Matthew H. Kramer (Author)

9781009571678, Cambridge University Press

Hardback, published 16 January 2025

84 pages
23.5 x 15.9 x 1.1 cm, 0.27 kg

'Overall, legal and moral rights effectively encompass various theories that navigate the intersection of legal and moral perspectives on rights. However, they serve a greater purpose than simply outlining the abstract ideas of different theorists in the rights discourse. In fact, this work can act as a guide to understanding Matthew Kramer's legal philosophy, which is dedicated to exploring the nature of rights. I am confident that a diligent reader will find this book thought-provoking, leading them to engage with Kramer's original ideas more deeply as they progress through the text.' Punsara Amarasinghe, Liverpool Law Review

In a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral philosophy as it combines analytical theses and ethical theses in a complex pattern.

1. The Hohfeldian analysis
2. What does the holding of a claim-right involve?
3. Moral justifications for assignments of legal rights
4. A Laconic conclusion
References.

Subject Areas: Jurisprudence & philosophy of law [LAB]