Rethinking Rights: Historical Development and Philosophical Justification

Re-thinking Rights: Historical Development and Philosophical Justification explores the history of individual rights, highlighting the influence of scholastics, early modern writers, John Locke, and empiricist and positivist philosophers. Eleanor Curran argues that the dominance of the Hohfeldian analysis of legal rights has restricted our understanding of moral and political rights and led to distorted readings of historical writers. She suggests a way forward for justifying universal moral and political rights and separating them from legal rights.

Format: Hardback
Length: 180 pages
Publication date: 15 April 2022
Publisher: Lexington Books

Re-thinking Rights: Historical Development and Philosophical Justification delves into the intricate tapestry of individual rights, offering a fresh perspective on their historical evolution. Throughout the ages, philosophers have played a pivotal role in shaping this narrative, employing the concept of natural rights to address the profound moral and political dilemmas of their time. The scholastics and early modern thinkers, for instance, engaged in spirited debates on the treatment of Indigenous Americans under Spanish rule, drawing upon the notion of natural rights to argue for their rights and dignity.

John Locke, a towering figure in liberal political thought, placed natural rights at the very heart of his philosophical framework. However, as the idea gained momentum and influence, a wave of empiricist and positivist philosophers emerged, armed with criticisms aimed at its logical inconsistencies and illegitimate reliance on theology and metaphysics. In response, philosophers sought solace in law and jurisprudence, where they have remained ever since, conducting philosophical analysis of rights.

Eleanor Curran, in her insightful work, argues that the dominance of the Hohfeldian analysis of legal rights has imposed limitations on our comprehension of moral and political rights. This analysis, she suggests, has led to distorted readings of historical writers on rights, as well as the separation of right from the crucial concept of liberty. Freedoms, once seen as integral to the pursuit of justice, have now been relegated to inferior status in the eyes of many.

Curran takes a bold step forward, exploring the realm of contemporary philosophy of human rights. Through her thoughtful analysis, she proposes a roadmap for justifying universal moral and political rights, while simultaneously establishing a clear distinction between them and legal rights. She advocates for a holistic approach that recognizes the interconnectedness of these rights and seeks to establish a framework that upholds their intrinsic value and protects them from undue interference.

In conclusion, Re-thinking Rights: Historical Development and Philosophical Justification provides a thought-provoking exploration of the evolution of individual rights. Through its examination of the historical context, philosophical critiques, and contemporary perspectives, the book offers valuable insights into the complex dynamics of rights and their philosophical foundations. By challenging the dominance of legalistic approaches and advocating for a more inclusive and holistic understanding of rights, Curran contributes to a richer and more nuanced understanding of our collective human rights.

Weight: 445g
Dimension: 228 x 160 x 20 (mm)
ISBN-13: 9781498547871