(EBook PDF) Rights and Demands A Foundational Inquiry 1st Edition by Margaret Gilbert 0192543202 9780192543202 full chapters

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ISBN-10 :  0192543202 

ISBN-13 :  9780192543202

Author: Margaret Gilbert 

Rights are often invoked in contemporary moral and political debates, yet the nature of rights is contested. Rights and Demands provides the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. How are such rights possible? Everyday agreements are generally acknowledged to be sources of demand-rights, but what is it about an agreement that accounts for this? The central thesis of this book is that joint commitment is a ground of demand-rights, and that it may be the only ground. In developing this thesis Margaret Gilbert argues in detail for joint commitment accounts of both agreements and promises. The final chapter explains the relevance of its argument to our understanding of human rights. Engaging where appropriate with contemporary rights theory, Gilbert provides an accessible route into this area for those previously unfamiliar with it.

Rights and Demands: A Foundational Inquiry 1st Table of contents:

Part I: A Problem Posed
1. Some Central Distinctions from Rights Theory
1. Hohfeld’s Four-Fold Distinction
2. Powers and Immunities Revisited
3. Some Arguments for the Primacy of Claims
4. Asserting a Right
5. The Importance of Claims
2. Two Realms of Rights
1. Two Realms of Rights: Institutional and Moral
2. Legal and Other Institutional Rights
3. Moral Rights: A Broad Conception
4. Morality: Some Central Features
5. A Partial Characterization of Morality
6. Morality, Decisions, and the Normative Realm
7. Two Realms of Rights: Normativity and Epistemology
3. Hohfeld’s Claims and Thomson’s Doubts
1. Hohfeld’s Claims
2. Directed Duties: Their Relationship to Plain Duties Is at Best Unclear
3. Thomson’s Reductive Approach to Hohfeldian Directed Duties
4. Review and Prospect
4. Demand-Rights—and the Demand-Right Problem
1. Hohfeld on the Label “Claim”
2. Demanding
3. Demand-Rights: A First Equivalence
4. Hart on the Rights of Promisees
5. Demand-Rights: More Equivalences
6. The Rights Assertion Argument for the Primacy of Claims
7. The Demand-Right Problem
5. Contemporary Rights Theories: The Problem Remains
1. Rights Theory and the Demand-Right Problem
2. Contemporary Rights Theory
3. Duties Concerning a Person
4. Do Thomsonian Claims Support Demands?
5. Interest Theories
6. Moral Status Theories
7. Choice Theory and Directionality
8. Demand-Rights and Contemporary Rights Theory
Part II: The Problem Solved
6 Agreements and PromisesHume’s Legacy
1. Two Special Demand-Right Problems
2. Promising: Some Fixed Points
3. The Role of Acceptance
4. Promissory Obligation
5. Historical Interlude: Hume on Promising and Its Obligation
6. After Hume
7. Problems with Moral Principle Accounts
1. Moral Principle Accounts of Promissory Obligation
2. Scanlon’s Account
3. The Inevitability Problem
4. The Problem of Promisees’ Rights
5. Scanlon’s Principle and Promisees’ Rights
6. Adding New Rules or Principles
7. Rescuing Scanlon’s Principle—at a Cost
8. The Demand-Right Problem for Promises
8. A Fundamental Ground of Demand-Rights
1. The Argument of This Chapter with Some Reference to Kant and Hume
2. Preliminaries
3. Joint Commitment
4. Joint Commitment as a Ground of Demand-Rights
5. The Demand-Rights of Joint Commitment
6. Two Phenomena Akin to Joint Commitment
7. A Problem Solved—and a Conjecture
Coda: Kant on Contract Right
9. A Theory of Agreements and Promises
1. Agreements, Promises, and Demand-Rights
2. Agreements: Central Points
3. Toward a Theory of Agreements
4. Agreements as Joint Decisions
5. Some Virtues of the Joint Decision Account of Agreements
6. Promises as Joint Decisions
7. Some Virtues of the Joint Decision Account of Promises
8. Rescission of a Promise
9. Agreements and Promises as Joint Decisions
10. The Ubiquity of Joint Commitment
1. Joint Commitment beyond Agreements and Promises
2. Shared Plans
3. Doing Things Together
4. Social Groups
5. Mutual Recognition
6. Collective Attitudes
7. Commanding
8. The Ubiquity of Demand-Rights of Joint Commitment
Part III: Demand-Rights, Morality, and Law
11. Are There Any Moral Demand-Rights? Part I
1. Morality and Demand-Rights
2. Individualized Moral Demand-Rights: Some Negative Considerations
3. Hart’s Transcendental Argument: Interpretation and Assessment
4. Some Arguments from Darwall
5. Mutual Recognition Revisited
6. Rights and Obligations in Mutual Recognition
7. Moral Demand-Rights: The Story So Far
12. Are There Any Moral Demand-Rights? Part II
1. Generalized Moral Rights
2. The Implications of Moral Language
3. The “Moral Community”
4. Moral Community and Joint Commitment
5. Generalized versus Individualized Moral Demand-Rights
6. Generalized Moral Demand-Rights: Conclusions
7. Some Other Interpretations of “Moral Demand-Rights”
8. Demand-Rights and Moral Theory
9. Conclusions of Chapters Eleven and Twelve
13. Demand-Rights, Law, and Other Institutions
1. Legal Rights in Rights Theory
2. Two Conceptions of Law
3. Demand-Rights in Legal Systems
4. The Existence of a Legal System: Two Questions
5. The Existence of a Legal System: Criteria for an Adequate Account
6. The Existence of a Legal System: Some Candidate Accounts
7. A Joint Commitment Account—and the Two Questions
8. Conclusions: On Law and Demand-Rights
14. Human Rights in Light of the Foregoing
1. The Idea of a Human Right
2. Human Rights as Moral Rights
3. Human Rights as Legal Rights
4. The Practice of Human Rights and Its Relation to Demand-Rights
5. Human Rights, Demand-Rights, and Joint Commitment
Conclusion
1. Main Theses
2. Overview of the Discussion
3. Last Thoughts

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