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图书目录:Acknowledgments IX
Introduction xi 1. Rights and Hohfeldian Analysis A Neo-Hohfeldian Analysis The Nature of Liberties The Structure of Hohfeldian Relations Disagreements with Hohfeld Agreements with Hohfeld 2. Normative Constraints Claim and Immunity Rights Liberty and Power Rights Duty, Disability, Liability, and No-Claim Rights Some Objections Martin: Socially Recognized Normative Directions 3. Deontic andAlethic Concepts Some Fundamental Normative Concepts Hohfeldian and Normative Analysis Feinberg: Valid Claims Moral Rights 4. The Relational Nature ot Rights Relational Obligations Protection and Justification: the Interest and Choice Theories Raz: Interests that Justify Duties Hart: Protected Choices Wellman: Advantaged Wills Sumner's Theory-Based Argument for the Choice/Will Theory 5. Rights, Reasons, and Persons Reasons and Relational Obligations Simple and Complex Justification Non-relational Obligations Consequentialism The Individuation of Rights Some Implications of the Justified-Constraint Theory 6. Rights Conflict Permissible and Unavoidable Rights Transgression Prima Facie and Specification The Identity of Prima Facie and Specification Rights Conflict and Arguments Wellman's Examples Dworkin: Trumps 7. Right Holders: Present Individuals, Groups, and Relevant Features Clearing Some Underbrush Individualism Versus Collectivism 8. Right Holders: Past and Future The Problem of the Subject Feinberg's Proposed Solution Wellman's Proposed Solution Time and Rights Parfit and the Non-Identity Problem Implications 9. A Final Comparison Objections to the Justified-Constraint Theory Problems with Other Theories of Rights Advantages of the Justified-Constraint Theory References Index |