Dos nuevos libros de Hart Publishing: 'New Essays on the Nature of Rights' (McBridge, ed.) y From Violence to Peace Theology, Law and Community (por Alex Deagon)

Por Jorge Luis Fabra Zamora (jorgefabraz@gmail.com)

Hart Publishing nos comunica la publicación de sus dos más recientes libros. El primero es un interesante volumen sobre la natraueza de los derechos, mientras el segundo un libro sobre la conexión entre la teoría del derecho y la teología. Como siempre, hay un descuento del 20% para los lectores del blog. 


New Essays on the Nature of Rights
Edited by Mark McBride

This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld’s operative notion of power. In Part 2, Kramer rebuts Wenar’s objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar’s Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan’s Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant’s principle of right, a standard of corrective justice, has distributive implications.

'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King’s College London

'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem

Mark McBride is Assistant Professor in the Faculty of Law at the National University of Singapore.

August 2017   |   9781509910144   |   256pp   |   Hardback   |    RSP: £70  
Discount Price: £56


From Violence to Peace
Theology, Law and Community
Alex Deagon

This book contributes to the literature on jurisprudence and theology by arguing for the role of a theoretically robust Christian theology in a legal community dominated by secular and liberal ideology.  It is not a doctrinal or empirical analysis, but a theoretical exposition of the way in which modern law has contingently drifted from its theological origins.  As a result, the legal system and the ideal of individual and communal relationship it envisages is characterised by antagonism and alienation, or more broadly, violence.  The book contends that the way to restore a legal community of peace is to return to a Christian theology which is informed by Trinitarian thinking or the notion of unity in diversity, and reunites faith with reason.  Returning reason to its ground in being allows peaceful persuasion by the revelation of God’s perfect being through the Trinity and Incarnation, which models and enables the peaceful coexistence of difference through self-sacrificing love.  This in turn produces the law of love – to love your neighbour as yourself.  Since love does no wrong to a neighbour, a legal community operating by the law of love can fulfil the obligations of law by going beyond merely what is required by law and love individuals as part of a community.

Alex Deagon is Lecturer in the Faculty of Law at Queensland University of Technology, Brisbane.

August 2017   |   9781509912902   |   232pp   |   Hardback   |    RSP: £70  
Discount Price: £56
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