Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The (...) book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

In The Construction of Social Reality, John Searle argues that there are two kinds of facts--some that are independent of human observers, and some that require..

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik (...) Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

“Postmodernism” denotes efforts to replace foundationalist philosophy with contextu‐alist, immanentist forms of reason. “Postlibertarianism” denotes efforts to transcend contemporary minimal statism, questioning both its “libertarian” moral superstructure and its underlying consequentialist claims and seeking to determine whether the latter can be generalized in a way that displaces the former. Efforts to reach minimal‐statist conclusions by postmodern means seem bound to aggravate the problem that plagues contemporary minimal statism: its failure to be true to its consequentialist foundations, reflected in its long‐standing (...) devotion to dubious arguments for the intrinsic good of laissez‐faire capitalism. For postmodernism fosters the illusion that one can do without any foundations at all. Rather than recovering its consequentialist roots, therefore, postmodern minimal statism tends to rely unquestioningly on the normative foundations already accepted by the libertarian “speech community,” neither responding to alternative interpretations of the value of liberty, nor transcending the arid conversation of “liberty” in favor of investigations of the real world of contemporary capitalism and the welfare state. (shrink)

Postlibertarianism means abandoning defenses of the intrinsic justice of laissez?faire capitalism, the better to investigate whether the systemic consequences of interfering with capitalism are severe enough to justify laissez?faire. Any sound case for laissez?faire is likely to build on postlibertarian research, for the conviction that laissez?faire is intrinsically just rests upon unsound philosophical assumptions. Conversely, these assumptions, if sound, would make empirical studies of capitalism by libertarian scholars superfluous. Moreover, postmodern approaches to ?libertarianism? perpetuate the same assumptions, in the guise (...) of a critique of the rationalist hubris that has supposedly led to the tragedies of the twentieth century. The ?libertarian? and postmodernist critics of postlibertarianism either ignore the assumptions undergirding their views, or they contend that these assumptions are not necessary when ?freedom? and ?morality? are properly defined. The latter contention amounts to an attempt to define the challenge to ?libertarianism? out of existence. (shrink)

In a certain sense, voluntary communities and market relationships are relatively less coercive than democracy and bureaucracy: they offer more positive freedom. In that respect, they are more like romantic relationships or friendships than are democracies and bureaucracies. This tends to make voluntary communities and markets not only more pleasant forms of interaction, but more effective ones—contrary to Weber's confidence in the superior rationality of bureaucratic control.

RELATIVISM AND THE SOCIAL SCIENCES by Ernest Gellner Cambridge: Cambridge University Press, 1985. 200 pp., £25, £8.50 (paper) Gellner assails Wittgenstein's putative legitimation of the relativistic assumption that ?forms of life?; are autonomous and ultimate, mutually incommunicable, and immune to external criticism. Gellner's view is used here to defend a reconstructed Popperian position against all comers, including Gellner. The tactic is to attack the Cartesian presuppositions Popper implicitly shares with the whole Logical Positivist tradition, arguing that these cannot even be (...) coherently expressed without presupposing the possession of knowledge of the various kinds thereby denied. (shrink)

There has been a widespread recovery of public memory of the events of the Second World War since the end of the 1980s, with war crimes trials, restitution actions, monuments and memorials to the victims of Nazism appearing in many countries. This has inevitably involved historians being called upon to act as expert witnesses in legal actions, yet there has been little discussion of the problems that this poses for them. The French historian Henry Rousso has argued that this confuses (...) memory with history. In the aftermath of the Second World War, judicial investigations unearthed a mass of historical documentation. Historians used this, and further researches, from the 1960s onwards to develop their own ideas and interpretations. But since the early 1990s there has been a judicialization of history, in which historians and their work have been forced into the service of moral and legal forms of judgment which are alien to the historical enterprise and do violence to the subleties and nuances of the historian's search for truth. This reflects Rousso's perhaps rather simplistically scientistic view of the historian's enterprise; yet his arguments are powerful and should be taken seriously by any historian considering involvement in a law case; they also have a wider implication for the moralization of the history of the Second World War, which is now dominated by categories such as "perpetrator," "victim," and "bystander" that are legal rather than historical in origin. The article concludes by suggesting that while historians who testify in war crimes trials should confine themselves to elucidating the historical context, and not become involved in judging whether an individual was guilty or otherwise of a crime, it remains legitimate to offer expert opinion, as the author of the article has done, in a legal action that turns on the research and writing of history itself. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two Australian (...) cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

Steiner’s book is an engaging and challenging romp through important issues in rights theory, moral and economic reasoning, theories of freedom, and questions of justice. An Essay on Rights develops and connects themes pursued by Steiner in a series of articles written over the past two decades.

John Searle began to discuss his recently published book `The Construction of Social Reality' with Anthony Freeman, and they ended up talking about God. The book itself and part of their conversation are introduced and briefly reflected upon by Anthony Freeman. Many familiar social facts -- like money and marriage and monarchy -- are only facts by human agreement. They exist only because we believe them to exist. That is the thesis, at once startling yet obvious, that philosopher John Searle (...) explores in The Construction of Social Reality. (shrink)