Author: Tara Smith Publisher: Rowman & Littlefield Publishers ISBN: 1461639387 Category : Social Science Languages : en Pages : 233
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: George G. Brenkert Publisher: Routledge ISBN: 1134967152 Category : Philosophy Languages : en Pages : 264
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.
Author: Ronald Dworkin Publisher: OUP Oxford ISBN: 0198265573 Category : Law Languages : en Pages : 438
Book Description
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 9780674319288 Category : History Languages : en Pages : 420
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: Mira T. Sundara Rajan Publisher: Oxford University Press on Demand ISBN: 0195390318 Category : Law Languages : en Pages : 572
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: David Alm Publisher: Routledge ISBN: 1351595539 Category : Philosophy Languages : en Pages : 407
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: Alan Gewirth Publisher: University of Chicago Press ISBN: 9780226288819 Category : History Languages : en Pages : 404
Book Description
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.
Author: Tara Smith
Author: Joseph Raz
Author: George G. Brenkert
Author: Ronald Dworkin
Author: Ronald Dworkin
Author: Tara Smith
Author: Reidar Maliks
Author: Mira T. Sundara Rajan
Author: David Alm
Author: Alan Gewirth