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A Philosophical History of Rights, by Gary B. Herbert
Free Ebook A Philosophical History of Rights, by Gary B. Herbert
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Since the seventeenth century, concern in the Western world for the welfare of the individual has been articulated philosophically most often as a concern for his rights. The modern conception of individual rights resulted from abandonment of ancient, value-laced ideas of nature and their replacement by the modern, mathematically transparent idea of nature that has room only for individuals, often in conflict. In A Philosophical History of Rights, Gary B. Herbert traces the historical evolution of the concept and the transformation of the problems through which the concept is defined.
The volume examines the early history of rights as they existed in ancient Greece, and locates the first philosophical inquiry into the nature of rights in Platonic and Aristotelian accounts. He traces Roman jurisprudence to the advent of Christianity, to the divine right of kings. Herbert follows the historical evolution of modern subjective rights, the attempts by Locke, Rousseau, Kant, Fichte, and Hegel to mediate rights, to make them sociable. He then turns to nineteenth-century condemnation of rights in the theories of the historical school of law, Benthamite utilitarianism, and Marxist socialism. Following World War II, a newly revived language of rights had to be constructed, to express universal moral outrage over what came to be called crimes against humanity. The contemporary Western concern for rights is today a concern for the individual and a recognition of the limits beyond which a society must not go in sacrificing the individual's welfare for its own conception of the common good. In his conclusion, Herbert addresses the postmodern critique of rights as a form of moral imperialism legitimizing relations of dominance and subjection.
In addition to his historical analysis of the evolution of theories of rights, Herbert exposes the philosophical confusions that arise when we exchange one concept of rights for another and continue to cite historical antecedents for contemporary attitudes that are in fact their philosophical antithesis. A Philosophical History of Rights will be of interest to philosophers, historians, and political scientists.
- Sales Rank: #3911638 in Books
- Brand: Brand: Transaction Publishers
- Published on: 2003-09-08
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .85" w x 5.98" l, 1.25 pounds
- Binding: Paperback
- 362 pages
- Used Book in Good Condition
Review
"A Philosophical History of Rights is a significant and informative contribution to the study of Human Rights, as well as a seminal and enduring contribution to Philosophy reference collections."
– Wisconsin Bookwatch
About the Author
Gary B. Herbert is professor of philosophy at Loyola University in New Orleans. He is the author of Thomas Hobbes: The Unity of Scientific and Political Wisdom.
Most helpful customer reviews
8 of 9 people found the following review helpful.
A college level philosophical survey
By Midwest Book Review
A Philosophical History Of Rights by Gary B. Herbert (Professor of Philosophy, Loyola University, New Orleans) provides a meticulous and scholarly examination of the concepts of "rights" ranging from the era of ancient Greece, through the era Roman jurisprudence, through the origin of Christianity, and down to the concept of the "divine right of kings", and the attempts by philosophers such as Locke, Rousseau, Kant, and Hegel to evaluate the idea of rights as appropriate for society. A college level philosophical survey, extensively researched and thoughtfully written, A Philosophy History Of Rights is a significant and informative contribution to the study of Human Rights, as well as a seminal and enduring contribution to Philosophy reference collections.
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