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7 - Hohfeld's analysis

Jonathan Gorman
Affiliation:
Queen's University of Belfast
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Summary

Following Kant, we need no longer understand reason, human rights or other moral ideals as existing in some way independently of human beings. Rather, we are to see human nature, the natural world and the world of morality as all structured in terms of reason. Reason both provides the ultimate justification for our fundamental moral standards and frames our understanding of them. The reasoned detail of Kant's moral philosophy requires that we act from duty, and the rights of others are to be understood in terms of whatever correlates with those duties.

Kant's arguments concerning the rational structures of the human mind were based particularly on his analysis of the structures of human language. The way we use language expresses our understanding of the world and of our moral status and duties within it, and so expresses the rational structures of our minds. In the twentieth century the analysis of language came to be central in philosophical understanding, and such analysis has permitted a major advance in our understanding of rights. This analysis of language continues the Kantian approach beyond the determination of general structures to involve a fine-grained analysis of particular concepts. At the present stage of our argument we are working with Kant's position in holding that it is the structures of our own understanding that are foundational to rights. Human nature is eternal and unchanging and essentially rational.

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Rights and Reason
An Introduction to the Philosophy of Rights
, pp. 83 - 99
Publisher: Acumen Publishing
Print publication year: 2003

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  • Hohfeld's analysis
  • Jonathan Gorman, Queen's University of Belfast
  • Book: Rights and Reason
  • Online publication: 05 February 2013
  • Chapter DOI: https://doi.org/10.1017/UPO9781844653461.008
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  • Hohfeld's analysis
  • Jonathan Gorman, Queen's University of Belfast
  • Book: Rights and Reason
  • Online publication: 05 February 2013
  • Chapter DOI: https://doi.org/10.1017/UPO9781844653461.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Hohfeld's analysis
  • Jonathan Gorman, Queen's University of Belfast
  • Book: Rights and Reason
  • Online publication: 05 February 2013
  • Chapter DOI: https://doi.org/10.1017/UPO9781844653461.008
Available formats
×