The Idea of a Right: A treatise on the concept of natural rights

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Newmedia Publishing, 2001 - Law - 307 pages
This book is a comprehensive treatise on the concept of a right, or entitlement from the time of the ancient Greeks to the present. The author follows the evolution of a right from philosophical concept to its adoption in the late twentieth century. He is especially interested in teh development and current state of a natural right, which he defines to be the combination of laws that harmonize the workings of the universe, including our own little corner of it, as designed by God.

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Contents

B Interacting Conceptual Frames
13
A First Consideration
14
D Inheritance Alteration and Gods Good Will
19
Contracts Atoms and Rights
25
B Natural Law Emergent Interests and Intersecting World Pictures
26
C Atoms Individuals and The Social Void
28
D Locke Atomicity and Human Solidarity
32
More Geometrical Thinking
34
F Hobbesian Determinism Revisited
36
G Hobbesian Rights and Freedoms
37
H A Problem with Hobbes
38
I Human Atomicity and Socialization
39
J More of Hobbesian Incoherence
41
K An Alternative Notion of Justice as Right Order
43
L Justice Sociality and Right Order
46
Sparta
47
N Scholastic Right and Legality
49
O Natural Law and its Ancient Opponents
50
Unconstrained Utility Justice and Agreement
53
Legal and Moral
54
D Obligation Promising and Consent
57
E Agreements Covenants and Tacit Consent
59
F Irrationality and Hobbesian Reason
61
G The Puzzle of Hobbes Will
62
H More of Contracts
63
I The Developing Conditions for Contract
66
J Contracts Real Imagined and Binding
67
K Locke and More Problems with Consent
70
L Aristotle Jean Bodin and Sovereignty
74
M Method and Certitude
76
As Power and as Moral Status
83
O Natural Law and GrecoRoman Philosophical Entitlement
84
P Morality Contingency and Some Limits of Positive Law
86
Q Aristotle Justice and the Common Good
89
R Justice Persons and Entitlement
90
S Liberty Entitlement and Right Order
92
T The Secularization of Individual Value
94
Goods Law and the Modern Person
95
A Dominion and Utility
97
B The Natural the Conventional the Enhancement of the Human Condition
98
C Grotius and the Invention of a Personal Right
101
A Metaphor
103
Atomism Pythagoreanism and the Foundations of the New Political Order
108
B Locke Hobbes Conceptual Evolution and the Atomistic Exemplar
109
C Souls Life Property and the Inalienable
113
D Christianity Hierarchy and Rights
115
E Personal Rights and Political Rights
116
F Locke Political Power and Probable Knowledge
117
Atomism Utilitarianism and Adumbrated Natural Law
120
Method Mechanism and Cosmic Assumptions
137
B Methods Discovery and Validation
139
C Method and Mechanism
140
The Competing Alternatives
143
E Particularity the A Priori and Historical Method
146
F Method and Apodicity
149
G Thought Experiments and Political Theories
151
Right Natural Law and Some Contemporary Substitutes
153
B Utility Nature and Derivative Value
155
C Further Speculation on Conceptual Evolution
158
D Morality without Transcendent Norms
160
E A Problem with Utilitarianism
163
F Utility and the Redefinition of Justice
164
G Creativity and Moral Construction
169
H Subjectivity and an Objective Ethics
174
I More on God and the Meaning of Utility
178
J Natural Law and Its Competitors
181
K A Non Theistic Contemporary Natural Law Revision
184
L More on the Roots of Some Difficulties With Contemporary Social Theory
188
M A Contemporary Rational Derivation of Rights
190
The Flight From Atomism and Pythagoreanism and the Liberal Alternative
194
B Liberalism Fascism and Marxism
197
Egos and Non Rational Value
201
B Individuals and Groups
202
C A Non Rational Theory of Value
203
D Life Dualism and Quality
208
Old Wine in New Bottles
212
Liberalism and Some of Its Limits
222
A The State Society Limits and Political Rights
225
B Justice and Rights in Evolution
229
C Disposition Power and Evolution
230
D The Living Good
232
E Obligation Revisited
233
Objective Process
241
G The Progressive and the Just
243
H Augustine Limits and State Power
244
Justification and Value
248
A Tools Rules and Collective Rights
251
B Rights and Checks
254
C Relative Universality
255
D Rights Limitations and Justice
257
E Rational Obligation
258
End Notes
262
Bibliography
287
INDEX
291
Credits Copyrights and Links
305
Order Form
307
Copyright

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About the author (2001)

 Dr. Butler taught philosophy at the University of Nova Scotia, Canada. He wrote "The Idea of a Right" as a compendium of his thoughts about the concept of a right, specifically natural rights.

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