A Theory Of Rights
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Author | : Carl Wellman |
Publisher | : Rl Innactive Titles |
Total Pages | : 248 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
This book makes two important contributions toward a general and systematic theory of rights-a powerful philosophical analysis of the language of rights and an explanation of the nature of rights. In working out these ideas, Wellman has provided a new and cohesive way of thinking and talking about rights of every sort. Wellman succeeds in bringing all kinds of rights-moral, legal, institutional, etc.-under one unified theory in a way that illuminates their similarities and differences. This enables him to deal in a consistent way with a very broad range of philosophical questions, questions that are too often dealt with in isolation from each other.
Author | : A. John Simmons |
Publisher | : Princeton University Press |
Total Pages | : 402 |
Release | : 1994-07-25 |
Genre | : Philosophy |
ISBN | : 9780691037813 |
This is a systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Simmons refers extensively to Locke's published and unpublished works.
Author | : John RAWLS |
Publisher | : Harvard University Press |
Total Pages | : 624 |
Release | : 2009-06-30 |
Genre | : Philosophy |
ISBN | : 0674042603 |
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 | : Robert Alexy |
Publisher | : |
Total Pages | : 518 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0199584230 |
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Author | : Rainer Forst |
Publisher | : Columbia University Press |
Total Pages | : 370 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0231147082 |
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Author | : Ellen Frankel Paul |
Publisher | : Cambridge University Press |
Total Pages | : 428 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780521615143 |
"The essays in this book have also been published, without introduction and index, in the semiannual journal Social philosophy & policy, volume 22, number 1"--T.p. verso. Includes bibliographical references and index.
Author | : Jack Donnelly |
Publisher | : Cornell University Press |
Total Pages | : 308 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9780801487767 |
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Author | : Roger Crisp |
Publisher | : Oxford University Press, USA |
Total Pages | : 252 |
Release | : 2014 |
Genre | : Biography & Autobiography |
ISBN | : 0199668736 |
This volume presents responses to the work of James Griffin, one of the most significant contributors to the contemporary debate over human rights. Leading moral and political philosophers engage with Griffin's views--according to which human rights are best understood as protections of our agency and personhood--and Griffin offers his own reply.
Author | : David Copp |
Publisher | : Oxford University Press |
Total Pages | : 680 |
Release | : 2005-12-22 |
Genre | : Philosophy |
ISBN | : 0198033729 |
The Oxford Handbook of Ethical Theory is a major new reference work in ethical theory consisting of commissioned essays by leading moral philosophers. Ethical theories have always been of central importance to philosophy, and remain so; ethical theory is one of the most active areas of philosophical research and teaching today. Courses in ethics are taught in colleges and universities at all levels, and ethical theory is the organizing principle for all of them. The Handbook is divided into two parts, mirroring the field. The first part treats meta-ethical theory, which deals with theoretical questions about morality and moral judgment, including questions about moral language, the epistemology of moral belief, the truth aptness of moral claims, and so forth. The second part addresses normative theory, which deals with general moral issues, including the plausibility of various ethical theories and abstract principles of behavior. Examples of such theories are consequentialism and virtue theory. As with other Oxford Handbooks, the twenty-five contributors cover the field in a comprehensive and highly accessible way, while achieving three goals: exposition of central ideas, criticism of other approaches, and putting forth a distinct viewpoint.
Author | : Ronald Dworkin |
Publisher | : A&C Black |
Total Pages | : 457 |
Release | : 2013-06-27 |
Genre | : Philosophy |
ISBN | : 1780937563 |
A forceful and landmark defence of individual rights, Taking Rights Seriously is one of the most important political philosophical works of the last 50 years.