4.6 • 2K Ratings
🗓️ 13 July 2008
⏱️ 15 minutes
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0:00.0 | This is philosophy bites with me David Edmonds and me Nigel Warburton. |
0:07.0 | Philosophy bites is available at www |
0:09.6 | philosophy bites. |
0:11.0 | I have a legal right to introduce philosophy bites. Nobody has the right to prevent me from doing so. |
0:17.0 | But what is the definition of a legal right? |
0:20.0 | What are legal rights founded on? To whom should they be extended? And for what reason? |
0:26.0 | With the answers, here's Matthew Kramer, Professor of Legal and Political Philosophy at Cambridge University. |
0:32.0 | Matthew Kramer, welcome to Philosophy Bites. |
0:34.0 | Thank you very much. |
0:36.0 | Well the topic we're going to focus on today is the concept of a legal right. |
0:41.0 | What is a legal right? Well that seemingly simple question turns out to be |
0:46.0 | very complicated. Probably the greatest contribution to clarifying our |
0:51.5 | understanding of the nature of legal rights was made by an American legal |
0:56.4 | philosopher in the early 20th century, Wesley Hoefeld, who though he died in his late 30s near the end of the First World War |
1:05.0 | managed to come up with an analytical framework that is still very widely used today. |
1:11.0 | So what was his framework? He distinguished rights from a number of other |
1:16.2 | types of entitlements or legal or moral positions. Right according to his |
1:22.0 | understanding was a position of protectedness, being protected against |
1:26.8 | the interference or uncooperativeness or some other undesirable intervention on the part of someone else. |
1:34.6 | And that was distinguished by him from certain other types of entitlements such as |
1:39.0 | liberties, for example, to be legally or morally at liberty is not to be under a duty to refrain from |
1:46.0 | acting in a certain way. |
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