The Interest Theory of Rights at the MarginsPosthumous Rights

Dados Bibliográficos

ID23200329
AutoresJoseph Bowen (0000-0002-5328-6036, Stockholm University, autor correspondente)
Ano2022
Páginas51-72
Data de publicação2022-05-17
Peer ReviewedSim
Open AccessNão
TipoCHAPTER
PeriódicoWithout Trimmings (SOURCE_BOOK)
EditoraOxford University PressOxford (PUBLISHER)
DOI10.1093/oso/9780198868866.003.0003
OpenAlexW4296627449
ISBN9780198868866
IdiomaEN
Citações recebidas2
Referências citadas10

This chapter takes up whether the dead are potential right-holders on the Interest Theory of rights, as well as laying clear how we should approach the question of whether other entities are potential right-holders on the Interest Theory. It argues the dead are potential right-holders on the Interest Theory, but that Matthew Kramer’s argument for this thesis is not very convincing. This is because Kramer’s argument looks in the wrong place by focusing only on the ways in which the dead figure in the lives of the living. Instead, this chapter argues we should focus on the nature of the interests of the dead themselves. It suggests that the dead have interests (and that the dead’s interests matter for rights) for much the same reason that the living have interests. Along the way, we work through several choice-points for the Interest Theory, including a taxonomy of different accounts of interests and interests’ relation to the Interest Theory.

Argument (complex analysis) · Epistemology · Law and economics · Political science · Public interest · Public interest theory · Sociology · Law · Philosophy · Political Philosophy and Ethics