Rights
Bibliographic Data
| ID | 23629952 |
|---|---|
| Authors | Alan Gewirth (University of Chicago, corresponding author) |
| Year | 2015 |
| Pages | 1-6 |
| Publication date | 2015-01-21 |
| Open Access | Yes |
| Type | CHAPTER |
| Venue | Wiley Encyclopedia of Management (SOURCE_BOOK) |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1002/9781118785317.weom020170 |
| OpenAlex | W4255142902 |
| ISBN | 9781118785317 |
| Language | EN |
| References cited | 5 |
Examines the primary legal and moral appeals to rights, and identifies the controversies raised by or among the various treatments about who has rights to what, from conceptual, substantive, and normative perspectives. An initial treatment of legal rights distinctions among types of rights based on claims, liberty, power, and immunity (Hohfeld). Further discussion treats the subjective and objective elements of rights along with relevant justifications raised in each case. Provides specific examples of various rights claims and controversies among these legal views. The article also examines rights as personal entitlements, and addresses their normative necessity, their nature and justification, and their relative importance. Includes a discussion of moral rights, including positive rights and solely negative rights, highlighting the libertarian perspective. Addresses the relationship between moral arguments based on rights and on utilitarian perspectives.
Fundamental rights · Human rights · Intellectual property · International human rights law · Law and economics · Moral rights · Normative · Perspective (graphical) · Political science · Reservation of rights · Right to property · Sociology · American Constitutional Law and Politics · Law · Political Philosophy and Ethics · Seventeenth-Century Political and Philosophical Thought
| Highly cited | No |
|---|