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Author: Timothy P. Roth Publisher: Edward Elgar Publishing ISBN: Category : Business & Economics Languages : en Pages : 184
Book Description
Modern liberalism asserts the transcendental, autonomous self's 'natural rights' against others' moralistic and political preferences, and regards the economist's utilitarian social welfare theory as instrumental to the achievement of 'social justice'. Timothy Roth argues that the liberal enterprise ignores Kant's 'two points of view', confuses Kantian autonomy with moral and political license, mistakes utilitarian impersonality for impartiality, and takes no account of the indeterminacy of social welfare theory's fundamental theoretical constructs. In contrast, the author shows that Kant's 'two points of view' inform the conservative's constitutive political position and animate the consequence-detached, explicitly normative work of the conservative, constitutional political economist. He shows that, unlike modern liberalism, conservatism is grounded in Kant's 'two points of view', that utilitarian social welfare theory cannot be instrumental to the achievement of social justice, and that constitutional political economy is conservative economics. Economists interested in political economy, methodological issues, social welfare theory, public choice theory, or the moral foundations of economics will find much of interest in this thought-provoking volume. Political scientists interested in the philosophical foundations of modern liberalism and conservatism will also want to add this title to their library.
Author: Timothy P. Roth Publisher: Edward Elgar Publishing ISBN: Category : Business & Economics Languages : en Pages : 184
Book Description
Modern liberalism asserts the transcendental, autonomous self's 'natural rights' against others' moralistic and political preferences, and regards the economist's utilitarian social welfare theory as instrumental to the achievement of 'social justice'. Timothy Roth argues that the liberal enterprise ignores Kant's 'two points of view', confuses Kantian autonomy with moral and political license, mistakes utilitarian impersonality for impartiality, and takes no account of the indeterminacy of social welfare theory's fundamental theoretical constructs. In contrast, the author shows that Kant's 'two points of view' inform the conservative's constitutive political position and animate the consequence-detached, explicitly normative work of the conservative, constitutional political economist. He shows that, unlike modern liberalism, conservatism is grounded in Kant's 'two points of view', that utilitarian social welfare theory cannot be instrumental to the achievement of social justice, and that constitutional political economy is conservative economics. Economists interested in political economy, methodological issues, social welfare theory, public choice theory, or the moral foundations of economics will find much of interest in this thought-provoking volume. Political scientists interested in the philosophical foundations of modern liberalism and conservatism will also want to add this title to their library.
Author: András Sajó Publisher: Eleven International Publishing ISBN: 9077596046 Category : Civil rights Languages : en Pages : 271
Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author: Jennifer Nedelsky Publisher: OUP USA ISBN: 0195147960 Category : Law Languages : en Pages : 559
Book Description
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.
Author: John RAWLS Publisher: Harvard University Press ISBN: 0674042603 Category : Philosophy Languages : en Pages : 624
Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Erika Bachiochi Publisher: University of Notre Dame Pess ISBN: 0268200807 Category : History Languages : en Pages : 475
Book Description
Erika Bachiochi offers an original look at the development of feminism in the United States, advancing a vision of rights that rests upon our responsibilities to others. In The Rights of Women, Erika Bachiochi explores the development of feminist thought in the United States. Inspired by the writings of Mary Wollstonecraft, Bachiochi presents the intellectual history of a lost vision of women’s rights, seamlessly weaving philosophical insight, biographical portraits, and constitutional law to showcase the once predominant view that our rights properly rest upon our concrete responsibilities to God, self, family, and community. Bachiochi proposes a philosophical and legal framework for rights that builds on the communitarian tradition of feminist thought as seen in the work of Elizabeth Fox-Genovese and Jean Bethke Elshtain. Drawing on the insight of prominent figures such as Sarah Grimké, Frances Willard, Florence Kelley, Betty Friedan, Pauli Murray, Ruth Bader Ginsburg, and Mary Ann Glendon, this book is unique in its treatment of the moral roots of women’s rights in America and its critique of the movement’s current trajectory. The Rights of Women provides a synthesis of ancient wisdom and modern political insight that locates the family’s vital work at the very center of personal and political self-government. Bachiochi demonstrates that when rights are properly understood as a civil and political apparatus born of the natural duties we owe to one another, they make more visible our personal responsibilities and more viable our common life together. This smart and sophisticated application of Wollstonecraft’s thought will serve as a guide for how we might better value the culturally essential work of the home and thereby promote authentic personal and political freedom. The Rights of Women will interest students and scholars of political theory, gender and women’s studies, constitutional law, and all readers interested in women’s rights.
Author: Martin Belov Publisher: Routledge ISBN: 1000707970 Category : Law Languages : en Pages : 189
Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Gerhard Ernst Publisher: Walter de Gruyter ISBN: 3110263882 Category : Philosophy Languages : en Pages : 272
Book Description
The notion of “human rights” is widely used in political and moral discussions. The core idea, that all human beings have some inalienable basic rights, is appealing and has an eminently practical function: It allows moral criticism of various wrongs and calls for action in order to prevent them. On the other hand it is unclear what exactly a human right is. Human rights lack a convincing conceptual foundation that would be able to compel the wrong-doer to accept human rights claims as well-founded. Hence the practical function faces theoretical doubts. The present collection takes up the tension between the wide political use of human rights claims and the intellectual skepticism about them. In particular two major issues are identified that call for conceptual clarification in order to better understand human rights claims both in theory and in practice: the question of how to justify human rights and the tension between universal normative claims and particular moralities.
Author: Peter Alldridge Publisher: Bloomsbury Publishing ISBN: 1847310028 Category : Law Languages : en Pages : 300
Book Description
This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.
Author: Timothy P. Roth
Author: Timothy P. Roth
Author: Aureliu Cristescu
Author: András Sajó
Author: Timothy P. Roth
Author: Jennifer Nedelsky
Author: John RAWLS
Author: Erika Bachiochi
Author: Martin Belov
Author: Gerhard Ernst
Author: Peter Alldridge