Rights: a critical introduction

Abstract

Part 1: The Discourses of Rights 1. The Reputation of Rights. Historical Ups and Downs. Four Critiques of Rights. Preserving the Reputation of Rights. Varieties of Rights. Right and Rights. Rights and Rules. A Typology of Rights. Human Rights. The Rights Approach. Conclusion 2. Theories of Rights. Will or Interests? Who Can Have Rights? What Right do They Have? What Rights Ought They to Have? Conclusion 3. Political Ideologies and Their Rights. Rawls and the Social Contract. Libertarian Responses and Republican Compromises. Communitarians, Left and Right. Feminism and Rights. Conclusion Part 2: The Institutions of Rights 4. Legal Rights. Rights and Remedies. Formal Rule of Law. Substantive Rule of Law. Bills of Rights. Conclusion. International Human Rights. International Courts. Human Rights Intervention. Cultural Diversity. Conclusion 5. Rights and Civil Society. Civil Society. Economic Entities and Human Rights. Sphere-Specific Rights. Conclusion Part 3: Three Human Rights 6. Freedom of Speech. Free Speech Rationales. Critiques. Implications and Institutions. Conclusion 7. Sustenance. Economic and Social Rights. Institutionalizing a Right to Sustenance. Justice or Humanity. Conclusion 8. Self-Determination. Collective Rights. Collective Self-Determination. Varieties of Self-Determination. Answering the Critics Part 4: A Theory of Rights 9. Democratic Positivism. The Positivism. The Democracy. The Critiques. The Questions. Conclusion