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1 results

  • 1 - The Concept of Human Rights

  • from Part I - The Concept of Human Rights and the Global History of an Idea
  • Matthias Mahlmann, Universität Zürich
  • Book:
    Mind and Rights
    Published online:
    09 February 2023
    Print publication:
    16 February 2023, pp 43-67
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  • Summary

    The chapter provides an analysis of the concept of rights. It clarifies the precise object of inquiry of the book. A particular focus is repesented by claim rights or subjective rights. Mayor elements of the analysis of subjective rights are recalled, including historical contributions from Natural Law thinkers, comments by legal positivists, the Hohfeldian framework and the rules and principles approach. The question as to whether it is conceptually impossible to regard social rights as proper rights is addressed. Central elements of a concept of rights are discussed, including the addressees of rights, the holders of rights and the problem of group rights. The relation of legal and moral rights is a further object of inquiry, as are the basic contents of human rights, the copossibility and limitations of rights, the nature of obligations, the peremptory nature of rights and questions of the interpretation of rights.