{"title":"10. 权利","authors":"Raymond Wacks","doi":"10.1093/he/9780198864677.003.0010","DOIUrl":null,"url":null,"abstract":"One of the most important and controversial concepts that preoccupies legal and moral philosophers is that of a ‘right’. To have a right raises the distinction between what a right is, on the one hand, and what rights people actually have or should have, on the other. This is the difference between a moral and a legal right that is a recurring theme in discussions of this subject. This chapter examines the concept of rights, various theories and types of rights (including human and animal rights), and concludes with a brief exercise in ‘applied jurisprudence’ that attempts to show how apparently competing approaches to a crucial democratic right may be resolved.","PeriodicalId":249918,"journal":{"name":"Understanding Jurisprudence","volume":"81 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"10. Rights\",\"authors\":\"Raymond Wacks\",\"doi\":\"10.1093/he/9780198864677.003.0010\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"One of the most important and controversial concepts that preoccupies legal and moral philosophers is that of a ‘right’. To have a right raises the distinction between what a right is, on the one hand, and what rights people actually have or should have, on the other. This is the difference between a moral and a legal right that is a recurring theme in discussions of this subject. This chapter examines the concept of rights, various theories and types of rights (including human and animal rights), and concludes with a brief exercise in ‘applied jurisprudence’ that attempts to show how apparently competing approaches to a crucial democratic right may be resolved.\",\"PeriodicalId\":249918,\"journal\":{\"name\":\"Understanding Jurisprudence\",\"volume\":\"81 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-11-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Understanding Jurisprudence\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/he/9780198864677.003.0010\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Understanding Jurisprudence","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/he/9780198864677.003.0010","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
One of the most important and controversial concepts that preoccupies legal and moral philosophers is that of a ‘right’. To have a right raises the distinction between what a right is, on the one hand, and what rights people actually have or should have, on the other. This is the difference between a moral and a legal right that is a recurring theme in discussions of this subject. This chapter examines the concept of rights, various theories and types of rights (including human and animal rights), and concludes with a brief exercise in ‘applied jurisprudence’ that attempts to show how apparently competing approaches to a crucial democratic right may be resolved.
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