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The Fundamental Issues Of Rights Philosophy

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Chapter Summary

The Chinese word quanli, now used to translate the English 'rights', appears very early in classical Chinese texts in a broadly negative sense. This chapter first examines what has been called as the 'modern' usage of the word quanli. Rights can be divided into a whole range of types according to their subjects, content, object and the right-obligation relationship. Were we to say that rights concepts, the conditions of rights and the types of rights concern respectively what rights are, what they require and what they involve, then the basis for rights is concerned with what they rely on. The chapter gives separate accounts of conceptual and value issues in rights with reference to contemporary analytic and values theories of rights. In the philosophy of rights, a direct inspiration has come from the work of Jeremy Bentham and the utilitarian theorists of positive law who followed in his wake.

Keywords: analytic theory; quanli; rights philosophy; values theory

10.1163/ej.9789004195998.i-476.50
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