Lexington Books
Pages: 180
Trim: 6¼ x 9
978-1-4985-4787-1 • Hardback • April 2022 • $111.00 • (£85.00)
978-1-4985-4789-5 • Paperback • March 2024 • $39.99 • (£30.00)
978-1-4985-4788-8 • eBook • April 2022 • $37.50 • (£30.00)
Eleanor Curran is honorary senior lecturer in the Philosophy Department and Law School at the University of Kent.
Part I: The History of Rights Theory
Chapter 1. The Beginning: The Rise of the Idea of Natural Rights
Chapter 2. The Philosophical Discrediting of Natural Law and Natural Rights
Chapter 3. Does Hobbes Rather than Locke Provide a Forerunner to Modern Theories of Rights?
Chapter 4. The Jurisprudential Turn in Rights Theorising
Chapter 5. Reading Historical Writing on Rights: The Distorting Influence of Hohfeld
Part II: Current and Future Rights Theory: Assessing the Philosophy of Rights
Chapter 6. The Continuing Dominance of Hohfeld
Chapter 7. Current Theories of Rights: The Will and Interest Theories and Theories of Human Rights
Chapter 8. Thoughts for Future Rights Theorising
Eleanor Curran’s excellent book, Rethinking Rights, surveys the philosophy of legal rights, its history and current importance. The book’s purpose is “to examine the history of rights theory and the effects of that history and how it has been written, on how philosophers think about rights today….” [This book is] vividly thought-provoking, and its discussion is always stimulating. Its relative brevity should encourage readers to engage with its clearly-forged and economically expressed doctrines, and anyone wishing to gain familiarity with the territory of modern rights theories and their history can be well advised to read it.
— Jotwell
Eleanor Curran is one of the premier theorists of the history of philosophy of individual rights, beginning with rights in the seminal thought of Thomas Hobbes. In her new book, which elucidates conceptions of natural rights from scholastic and early modern conceptions through empiricist and positivist attacks on those, Curran persuasively argues that we should reject the dominant Hohfeldian conception of rights as legal claims in favor of a novel way of justifying universal moral and political rights that separates them from most legal rights. Her argument that doing so provides a superior path for justifying universal moral and political rights is one that no serious theorist of rights can afford to ignore.
— Sharon Anne Lloyd, University of Southern California