The language and uses of rights : a biopsy of American jurisprudence in the twentieth century
著者
書誌事項
The language and uses of rights : a biopsy of American jurisprudence in the twentieth century
University Press of America, c1994
- : pbk
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注記
Includes bibliographical references (p. [145]-152) and index
内容説明・目次
内容説明
This book is a contribution to current discussions in Jurisprudence or Philosophy of Law. The meaning and role of rights in society, legal discourse and judicial decision making is a topic that is the subject of much contemporary controversy. The author examines the various forms of rights discourse as language usages. The Language and Uses of Rights offers a vision of law as an activity engaged in by a variety of players, including judges, advocates for plaintiff and defendant, law reformers, and scholars. Contents: Preface; CHAPTER I: PURPOSES AND BASIC INSIGHTS; CHAPTER II: THE GRAND CONVERSATION OF LEGAL PHILOSOPHY IN THE TWENTIETH CENTURY; Introduction; Hart and the Realists: Rights as Remedies v. Rights as Conclusions in a System of Rules; Rights as Trumps; Rights as Reasons; Rights as Goals; Rights as Claims; Rights as Criticism; Rights as Resources; Crits (Rights as Ideology?); Rights as Rhetoric; CHAPTER III. HORIZONS, POINT OF VIEW AND A NEW MODEL FOR RIGHTS DISCOURSE; Introduction; Horizons; Point of View Analysis Presented; A Model for Understanding Rights Discourse; The Model AppliedoIllustrations; CHAPTER IV: A HIGHER INTERPRETATION: Introduction; Conversation, Its Possibility; Why Converse?; Rights, Obligations and Deep CommitmentsoA Hard Reference Point for Understanding Rights; Overview and Conclusion; Endnotes; Bibliography; Index.
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