Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 9780521436175
Category : Philosophy
Languages : en
Pages : 500
Book Description
9. Rights in conflict
Liberal Rights
Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 9780521436175
Category : Philosophy
Languages : en
Pages : 500
Book Description
9. Rights in conflict
Publisher: Cambridge University Press
ISBN: 9780521436175
Category : Philosophy
Languages : en
Pages : 500
Book Description
9. Rights in conflict
A Critical Legal Examination of Liberalism and Liberal Rights
Author: Matthew McManus
Publisher: Springer Nature
ISBN: 303061025X
Category : Philosophy
Languages : en
Pages : 303
Book Description
This book has two aims. First, to provide a critical legal examination of the liberal state and liberal rights in the law, and secondly, to present a systematic alternative to liberal approaches to both the law and rights, grounded in a left wing conception of human dignity. At the opening of the 21st century a remarkable thing happened. Liberalism, once considered the only doctrine left standing at the end of history, began to face renewed competition from both the political left and the post-modern conservative right. This book argues that the way forward is not to abandon, but to radicalize, the potential of the liberal project. Analysing major theoretical positions in order to build a critical genealogy of liberal rights, McManus lucidly develops a left wing alternative to the classic liberal approach to rights drawing on the traditions of liberal egalitarians and deliberative democracy theory. Societies, he argues, should be committed to advancing the human dignity of all through the enshrinement of certain rights into positive state law, the expansion of democracy and a resolute commitment to economic equality.
Publisher: Springer Nature
ISBN: 303061025X
Category : Philosophy
Languages : en
Pages : 303
Book Description
This book has two aims. First, to provide a critical legal examination of the liberal state and liberal rights in the law, and secondly, to present a systematic alternative to liberal approaches to both the law and rights, grounded in a left wing conception of human dignity. At the opening of the 21st century a remarkable thing happened. Liberalism, once considered the only doctrine left standing at the end of history, began to face renewed competition from both the political left and the post-modern conservative right. This book argues that the way forward is not to abandon, but to radicalize, the potential of the liberal project. Analysing major theoretical positions in order to build a critical genealogy of liberal rights, McManus lucidly develops a left wing alternative to the classic liberal approach to rights drawing on the traditions of liberal egalitarians and deliberative democracy theory. Societies, he argues, should be committed to advancing the human dignity of all through the enshrinement of certain rights into positive state law, the expansion of democracy and a resolute commitment to economic equality.
The Logic of Liberal Rights
Author: Eric Heinze
Publisher: Routledge
ISBN: 113441983X
Category : Law
Languages : en
Pages : 353
Book Description
The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Publisher: Routledge
ISBN: 113441983X
Category : Law
Languages : en
Pages : 353
Book Description
The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
The Liberal Project and Human Rights
Author: John Charvet
Publisher: Cambridge University Press
ISBN: 0521883148
Category : Political Science
Languages : en
Pages : 447
Book Description
Shows how the UN regime on human rights has transformed national and international society in accordance with liberal values.
Publisher: Cambridge University Press
ISBN: 0521883148
Category : Political Science
Languages : en
Pages : 447
Book Description
Shows how the UN regime on human rights has transformed national and international society in accordance with liberal values.
Property and Justice
Author: Billy Christmas
Publisher: Routledge
ISBN: 1000370070
Category : Philosophy
Languages : en
Pages : 250
Book Description
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Publisher: Routledge
ISBN: 1000370070
Category : Philosophy
Languages : en
Pages : 250
Book Description
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Born Liberal, Raised Right
Author: Reb Bradley
Publisher: WND Books
ISBN: 1935071009
Category : Family & Relationships
Languages : en
Pages : 197
Book Description
America has a problem. Conservatives aren't helping their kids mature past that arrested development phase also known as liberalism! In this groundbreaking book, noted speaker Reb Bradley proves that societal pressures and foolish child-raising theories that have gone mainstream are preventing parents from developing in their kids the key ingredients of maturity, including self-control. Too many children are becoming adults who are ruled purely by magical thinking, passions, emotions and desires -- the hallmarks of the liberal mindset. It's up to parents to turn their baby Bolsheviks into good citizens by helping their kids mature past their infantile liberal stage. Reb Bradley shows how.
Publisher: WND Books
ISBN: 1935071009
Category : Family & Relationships
Languages : en
Pages : 197
Book Description
America has a problem. Conservatives aren't helping their kids mature past that arrested development phase also known as liberalism! In this groundbreaking book, noted speaker Reb Bradley proves that societal pressures and foolish child-raising theories that have gone mainstream are preventing parents from developing in their kids the key ingredients of maturity, including self-control. Too many children are becoming adults who are ruled purely by magical thinking, passions, emotions and desires -- the hallmarks of the liberal mindset. It's up to parents to turn their baby Bolsheviks into good citizens by helping their kids mature past their infantile liberal stage. Reb Bradley shows how.
The Cultural Defense of Nations
Author: Liav Orgad
Publisher: Oxford University Press
ISBN: 019966868X
Category : Law
Languages : en
Pages : 305
Book Description
Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
Publisher: Oxford University Press
ISBN: 019966868X
Category : Law
Languages : en
Pages : 305
Book Description
Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
What's Wrong with Rights?
Author: Radha D'Souza
Publisher: Pluto Press (UK)
ISBN: 9780745335407
Category : Human rights
Languages : en
Pages : 0
Book Description
A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions
Publisher: Pluto Press (UK)
ISBN: 9780745335407
Category : Human rights
Languages : en
Pages : 0
Book Description
A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions
A Liberal Theory of Collective Rights
Author: Michel Seymour
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552499
Category : Political Science
Languages : en
Pages :
Book Description
Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552499
Category : Political Science
Languages : en
Pages :
Book Description
Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?
The First Civil Right
Author: Naomi Murakawa
Publisher: Oxford University Press, USA
ISBN: 0199892806
Category : Law
Languages : en
Pages : 281
Book Description
In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.
Publisher: Oxford University Press, USA
ISBN: 0199892806
Category : Law
Languages : en
Pages : 281
Book Description
In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.