Overview

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 volume 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.

Full Product Details

Author:   Margaret Gilbert (Fellow, Fellow, University of California)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.70cm , Height: 2.10cm , Length: 23.30cm
Weight:   0.594kg
ISBN:  

9780198863892

ISBN 10:   0198863896
Pages:   392
Publication Date:   16 June 2020
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Introduction: Rights in the Conversation of Humanity PART I: A PROBLEM POSED 1: Some Central Distinctions from Rights Theory 2: Two Realms of Rights 3: Hohfeld's Claims and Thomson's Doubts 4: Demand-Rights---and the Demand-Right Problem 5: Contemporary Rights Theories: the Problem Remains PART II: THE PROBLEM SOLVED 6: Agreements and Promises; Hume's Legacy 7: Problems with Moral Principle Accounts 8: A Fundamental Ground of Demand-Rights 9: A Theory of Agreements and Promises 10: The Ubiquity of Joint Commitment PART III: DEMAND-RIGHTS, MORALITY, AND LAW 11: Are There any Moral Demand-Rights? Part I 12: Are There any Moral Demand-Rights? Part II 13: Demand-Rights, Law, and other Institutions 14: Human Rights in Light of the Foregoing

Reviews

...rigorous... * F.M. Kamm, Law and Philosophy * This is an excellent book, rich, rewarding, and ambitious. Margaret Gilbert treats a wide range of topics not often considered together: rights, promising, agreements, and joint commitment. . . . [her] book is a real accomplishment, one which both demands close reading and serious engagement and very much repays it. * Gopal Sreenivasan, Notre Dame Philosophical Reviews * Rights and Demands is a mature philosophical exploration of how to understand the nature, scope, and limits of demand rights. ... This wonderful book is a treasure store of careful argumentation. Summing up: Highly recommended. * CHOICE *

Rights and Demands is a mature philosophical exploration of how to understand the nature, scope, and limits of demand rights. ... This wonderful book is a treasure store of careful argumentation. Summing up: Highly recommended. * CHOICE * This is an excellent book, rich, rewarding, and ambitious. Margaret Gilbert treats a wide range of topics not often considered together: rights, promising, agreements, and joint commitment. . . . [her] book is a real accomplishment, one which both demands close reading and serious engagement and very much repays it. * Gopal Sreenivasan, Notre Dame Philosophical Reviews *

This is an excellent book, rich, rewarding, and ambitious. Margaret Gilbert treats a wide range of topics not often considered together: rights, promising, agreements, and joint commitment. . . . [her] book is a real accomplishment, one which both demands close reading and serious engagement and very much repays it. * Gopal Sreenivasan, Notre Dame Philosophical Reviews * Rights and Demands is a mature philosophical exploration of how to understand the nature, scope, and limits of demand rights. ... This wonderful book is a treasure store of careful argumentation. Summing up: Highly recommended. * CHOICE *

Author Information

A leading figure in the philosophy of social phenomena, Margaret Gilbert has regularly applied her ideas in that field to significant problems in moral and political philosophy and the philosophy of law. Gilbert has received fellowships from the National Endowment for the Humanities and the American Council of Learned Societies, and lectured widely in the United States, Europe, and elsewhere. The author of seven books and numerous articles, she holds the Melden Chair in Moral Philosophy at the University of California, Irvine, and is a member of the American Academy of Arts and Sciences.

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