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Moral Rights And Political Freedom
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Book Synopsis Moral Rights and Political Freedom by : Tara Smith
Download or read book Moral Rights and Political Freedom written by Tara Smith and published by Rowman & Littlefield Publishers. This book was released on 1995-06-06 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Morality of Freedom by : Joseph Raz
Download or read book The Morality of Freedom written by Joseph Raz and published by Oxford University Press. This book was released on 1988 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Morality of Freedom" is the winner of the W J M Mackenzie Prize of the Political Studies Association for 1987.
Book Synopsis Political Freedom by : George G. Brenkert
Download or read book Political Freedom written by George G. Brenkert and published by Routledge. This book was released on 2006-09-27 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Moral and Political Conceptions of Human Rights by : Reidar Maliks
Download or read book Moral and Political Conceptions of Human Rights written by Reidar Maliks and published by Cambridge University Press. This book was released on 2017-07-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.
Download or read book Freedom's Law written by Ronald Dworkin and published by Harvard University Press. This book was released on 1996 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Force and Freedom by : Arthur Ripstein
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Moral Rights and Political Freedom by : Tara Smith
Download or read book Moral Rights and Political Freedom written by Tara Smith and published by Rowman & Littlefield. This book was released on 1995 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I - Rights
Author :Mira T. Sundara Rajan Publisher :Oxford University Press on Demand ISBN 13 :0195390318 Total Pages :572 pages Book Rating :4.1/5 (953 download)
Book Synopsis Moral Rights by : Mira T. Sundara Rajan
Download or read book Moral Rights written by Mira T. Sundara Rajan and published by Oxford University Press on Demand. This book was released on 2011-03-03 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Moral Rights and Their Grounds by : David Alm
Download or read book Moral Rights and Their Grounds written by David Alm and published by Routledge. This book was released on 2018-12-07 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Community of Rights by : Alan Gewirth
Download or read book The Community of Rights written by Alan Gewirth and published by University of Chicago Press. This book was released on 1996 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Community of Rights provides a detailed explication of the fundamental rights of agency as derived from a single rationally justified principle of morality and develops the contents of economic and social rights as a basic part of human rights. A critical alternative to both "liberal" and "communitarian" views, this authoritative work will command the attention of anyone engaged in the debate over social and economic justice.
Book Synopsis Freedom, Equality, and Social Change by : James P. Sterba
Download or read book Freedom, Equality, and Social Change written by James P. Sterba and published by Edwin Mellen Press. This book was released on 1989 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today Issues in Contemporary Social Philosophy Thirty-two essayists provide scholarly insight and opportunities for constructive dialogue on social philosophical theory regarding freedom, equality, and social change. SSPT 3*] $99.95 350pp. 1989
Download or read book Rights written by Peter Jones and published by Bloomsbury Publishing. This book was released on 1994-10-28 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive introduction to contemporary thought about rights. It examines what it is to have a right and what is distinctive about political moralities that give a fundamental place to rights. The varied grounds and implications of claiming rights to liberties, socio-economic rights and democratic rights are considered and the book concludes with an examination of the theoretical objections and the practical difficulties that proponents of rights have to confront.
Book Synopsis Judicial Review in an Objective Legal System by : Tara Smith
Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-08-07 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.
Book Synopsis The Moral and Political Philosophy of Immigration by : José Jorge Mendoza
Download or read book The Moral and Political Philosophy of Immigration written by José Jorge Mendoza and published by Lexington Books. This book was released on 2016-12-27 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Moral and Political Philosophy of Immigration: Liberty, Security, and Equality, José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is thereby, at its core, a problem of philosophy. Establishing the necessity of situating the public debate on immigration at the center of philosophical debates on liberty, security, and equality, this book brings into dialog various contemporary philosophical texts that deal with immigration to provide some normative guidance to future immigration policy and reform. As a groundbreaking work in social and political philosophy, it will be of great value not only to students and scholars in these fields, but also those working in social science, public policy, justice studies, and global studies programs whose work intersects with issues of immigration.
Book Synopsis A Political Theory of Rights by : Attracta Ingram
Download or read book A Political Theory of Rights written by Attracta Ingram and published by Oxford University Press. This book was released on 1994 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights are the basic building blocks of every liberal state. This book addresses fundamental questions about them. What are they? How can they be justified? What role should they play in political life? By offering new and cogent answers to these questions, the book aims to provide a firm foundation for notions such as human rights.
Download or read book Freedom's Right written by Axel Honneth and published by John Wiley & Sons. This book was released on 2014-03-11 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.
Book Synopsis An Approach to Rights by : C.P. Wellman
Download or read book An Approach to Rights written by C.P. Wellman and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.
