Carl Wellman – författare

Real Rights provides a new theory of the grounds of legal and moral rights. Wellman argues that only agents can be right-holders, that children and the mentally limited can have only limited rights, and that foetuses, the dead, and groups can have none. Real Rights also describes how rights imply duties, and how rights conflicts can be resolved and what considerations override rights.

Many books on human rights either concentrate on human rights as fundamental moral rights with little attention to international human rights, or discount moral human rights and focus on international human rights. The Moral Dimensions of Human Rights takes a broad approach by discussing all three species of human rights - moral, international, and national -at length. At the same time, Carl Wellman pays special attention to the moral reasons that are relevant to each kind of human rights.The book has three parts. In the first, Wellman develops an original view of the nature and grounds of moral human rights based on his previous publications in the general theory of rights, especially Real Rights. The next part explains how moral human rights are relevant both to the justification and to the interpretation of human rights in international law and identifies several other relevant moral considerations. In the third part, the author argues that different kinds of moral and international human rights ought to be incorporated into national legal systems in four distinct ways-recognition in a written constitution, judicial decisions, legislation, and ratified human rights treaties.

The Proliferation of Rights explores how the assertion of rights has expanded dramatically since World War II. Carl Wellman illuminates for the reader the historical developments in each of the major categories of rights, including human rights, civil rights, women's rights, patient rights, and animal rights. He concludes by assessing where this pr

Volume Four of the Six-Volume set, Rights and Duties joins the most significant writings in two crucial areas of ethical reflection and behavior. This collection provides students and scholars with the history of how humanity has argued for and against entitlements, rights, and protections for itself, and how humanity has argued for and against obligations, duties, and social responsibilities toward others.

The Proliferation of Rights explores how the assertion of rights has expanded dramatically since World War II. Carl Wellman illuminates for the reader the historical developments in each of the major categories of rights, including human rights, civil rights, women's rights, patient rights, and animal rights. He concludes by assessing where this proliferation has been legitimate and helpful, cases where it has been illusory and unproductive, and alternatives to the appeal to rights.

Medical Law and Moral Rights discusses live issues arising in modern medical practice. Do patients undergoing intolerable irremediable suffering have a moral right to physician-assisted suicide? Ought they to have a comparable legal right? Do the moral duties of a mother to care for and not abuse her child also apply to her fetus? Ought fetuses to be given legal rights requiring pregnant women to submit to medical treatment without their consent? Ought single women, homosexual couples or persons carrying serious genetic defects to have a legal right to procreate? Ought a physician to perform an abortion requested for some frivolous reason? Ought physicians to be permitted to refuse to provide medically futile treatment demanded by their patients? An examination of relevant court cases shows how United States law answers these questions. The author then advocates improvements in the law to make it respect our moral rights more fully. To justify his conclusions, he proposes original conceptions of the human rights to life, procreational autonomy, privacy, equitable treatment and personal security. Thus, these essays test the usefulness of the theory of rights explained and defended in An Approach to Rights and elsewhere.

This book analyzes emergency legislations formed in response to terrorism. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.

This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.

This book analyzes emergency legislations formed in response to terrorism. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.

This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights.

Medical Law and Moral Rights discusses live issues arising in modern medical practice. Do patients undergoing intolerable irremediable suffering have a moral right to physician-assisted suicide? Ought they to have a comparable legal right? Do the moral duties of a mother to care for and not abuse her child also apply to her fetus? Ought fetuses to be given legal rights requiring pregnant women to submit to medical treatment without their consent? Ought single women, homosexual couples or persons carrying serious genetic defects to have a legal right to procreate? Ought a physician to perform an abortion requested for some frivolous reason? Ought physicians to be permitted to refuse to provide medically futile treatment demanded by their patients? An examination of relevant court cases shows how United States law answers these questions. The author then advocates improvements in the law to make it respect our moral rights more fully. To justify his conclusions, he proposes original conceptions of the human rights to life, procreational autonomy, privacy, equitable treatment and personal security. Thus, these essays test the usefulness of the theory of rights explained and defended in An Approach to Rights and elsewhere.

This book presents a definition of terrorism that is broad and descriptive and much needed to prevent misunderstanding. The book identifies the features that make terrorism ‘wrong’, including coerciveness, the violation of rights and undermining of trust. Next, it evaluates reasons given for terrorism such as the protection of human rights and the liberation of oppressed groups as not normally justified. Following this, the book identifies and evaluates international responses to terrorism, taking into account General Assembly and Security Council resolutions, United Nations conventions and criminalization in international law. It also looks at national responses which often take the shape of surveillance, detention, interrogation, trials, targeted killings, intrusion and invasion. Finally, the book discusses how, if at all, the moral norms of personal morality apply to the actions of nation states.​