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Author: Tara Smith
Publisher: Rowman & Littlefield Publishers
ISBN: 1461639387
Category : Social Science
Languages : en
Pages : 233
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Book Description
Seeking a way out of today's bewildering rush of rights claims, Tara Smith's Moral Rights and Political Freedom offers a systematic account of the nature and foundations of rights. The book carefully elucidates what political freedom is and demonstrates why it should be protected by rights. Smith's thesis is that rights are teleological: respect for freedom is necessary for individuals' flourishing or eudaimonia. Smith illustrates how many alleged rights would actually undermine that objective. Her decisive refutation of the assumption that conflicts between rights are inevitable—demonstrating how such conflicts are theoretically incoherent and practically self-defeating—should go a long way toward resolving many contemporary disputes about rights.
Author: Tara Smith
Publisher: Rowman & Littlefield Publishers
ISBN: 1461639387
Category : Social Science
Languages : en
Pages : 233
Get Book
Book Description
Seeking a way out of today's bewildering rush of rights claims, Tara Smith's Moral Rights and Political Freedom offers a systematic account of the nature and foundations of rights. The book carefully elucidates what political freedom is and demonstrates why it should be protected by rights. Smith's thesis is that rights are teleological: respect for freedom is necessary for individuals' flourishing or eudaimonia. Smith illustrates how many alleged rights would actually undermine that objective. Her decisive refutation of the assumption that conflicts between rights are inevitable—demonstrating how such conflicts are theoretically incoherent and practically self-defeating—should go a long way toward resolving many contemporary disputes about rights.
Author: Joseph Raz
Publisher: Oxford University Press
ISBN: 0198248075
Category : Philosophy
Languages : en
Pages : 446
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Book Description
"Morality of Freedom" is the winner of the W J M Mackenzie Prize of the Political Studies Association for 1987.
Author: Adam Etinson
Publisher: Oxford University Press
ISBN: 0198713258
Category : Human rights
Languages : en
Pages : 519
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Book Description
Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are"Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty.This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rightsto their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of humanrights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights.All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 9780674319288
Category : History
Languages : en
Pages : 420
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Book Description
Dworkin claims that Americans have been systematically misled about what their Constitution is and how judges interpret it. In discussions of constitutional cases and general constitutional principles, he argues that a distinctly American version of government based on a "moral" reading of the Constitution offers the best definition of democracy.
Author: Reidar Maliks
Publisher: Cambridge University Press
ISBN: 1107153972
Category : Law
Languages : en
Pages : 317
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Book Description
Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.
Author: Tara Smith
Publisher: Rowman & Littlefield
ISBN: 9780847680276
Category : Political Science
Languages : en
Pages : 244
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Book Description
Part I - Rights
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674054512
Category : Philosophy
Languages : en
Pages : 416
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Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author: David Alm
Publisher: Routledge
ISBN: 1351595539
Category : Philosophy
Languages : en
Pages : 407
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Book Description
Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first—the value view of rights—argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons’ rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.
Author: Mira T. Sundara Rajan
Publisher: Oxford University Press on Demand
ISBN: 0195390318
Category : Law
Languages : en
Pages : 572
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Book Description
The doctrine of moral rights is based on the idea that authors have a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before, as the international expansion of moral rights occurs in the new environment of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is also necessary. Moral Rights: Principles Practice and New Technology is the first work to comprehensively address the role of moral rights in an environment of digital technology, identifying the challenges and confronting moral rights in a digital environment. The challenges are addressed in both practical and theoretical terms, and examples drawn from the legislation and practice of key jurisdictions around the world. Moral Rights concludes with a consideration of how the concept of moral rights can contribute to the re-shaping of copyright law in a digital context.
Author: George G. Brenkert
Publisher: Routledge
ISBN: 1134967152
Category : Philosophy
Languages : en
Pages : 264
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Book Description
This book examines the underlying theoretical issues concerning the nature of political freedom. Arguing that most previous discussions of such freedom have been too narrowly focused, it explores both conservativism from Edmund Burke to its present resurgence, the radical tradition of Karl Marx, as well as the orthodox liberal model of freedom of John Locke, John Stuart Mill and Isaiah Berlin. Political Freedom argues that these three accounts of political freedom - conservative, liberal and radical - all have internal weaknesses which render them unsatisfactory. In the second part of the book George Brenkert develops an alternative theory of political freedom. Using the guiding concept of empowerment, his model explores individual rights, democratic participation in government and workplace, and the need to provide the material and educational resources to allow individuals to effectively exercise their rights to self-determination. It is a clear and bold attack on the view that there is no link between freedom and power.
