The Right and the Good, a classic of twentieth-century philosophy by the eminent scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's great (...) work today. (shrink)

Offers a forthright approach to the many disquieting questions surrounding the emotional debate over animal rights. This book includes a chapter on animal agriculture, and additional discussions of animal law, companion animal issues, genetic engineering, animal pain, animal research, and other topics.

My goal in this paper is to show that two theses that are widely adopted among Kantian ethicists are irreconcilable. The paper is divided into four sections. In the first, I briefly sketch the contours of my own positive view of Kantian ethics, concentrating on the issues relevant to the two theses to be discussed: I argue that agents can perform actions from but not in conformity with duty, and I argue that agents intentionally can perform actions they take to (...) be contrary to duty. In the second, I focus on Barbara Herman’s non-accidental rightness condition from “On the Value of Acting from Duty.” In the third, I focus on Christine Korsgaard’s guise of the objectively good from “Formula of Humanity.” In the fourth, I explain why the positions developed by Herman and Korsgaard are irreconcilable and I make a suggestion about how to move forward. (shrink)

An adequate theory of rights ought to forbid the harming of animals to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible with (...) recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

This is a classic of 20th century philosophy by the great scholar David Ross. The book is the pinnacle of ethical intuitionism.

Margaret Gilbert presents the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. Gilbert argues that joint commitment is a ground of demand-rights, and gives joint commitment accounts of both agreements and promises.

Natural right and the historical approach -- Natural right and the distinction between facts and values -- The origin of the idea of natural right -- Classic natural right -- Modern natural right : Hobbes ; Locke -- The crisis of modern natural right : Rousseau ; Burke.

The Right and the Good, a classic of twentieth-century philosophy by the great scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's great (...) work today. (shrink)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...) that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

Animal rights and moral theories -- Arguing for one's species -- Utilitarianism and animals : Peter Singer's case for animal liberation -- Tom Regan : animal rights as natural rights -- Virtue ethics and animals -- Contractarianism and animal rights -- Animal minds.

_Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution (...) must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory. (shrink)

S. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child's right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for pursuing (...) a good life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole. This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children's rights and parental rights and responsibilities, and to the emerging field of the philosophy of human rights. (shrink)

This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.

Excerpt from Right Living: Lessons in Ethics for Schools Human experience has shown the value of right living, also, the disaster that follows wrong living. It has been clearly demonstrated, again and again, that the basis of symmetrical life is character, first, last, and always, and good character comes only from a right use of life, and a correct understanding of its duties. Emerson says Character is the most valuable pos session and acquisition of life. Higher than intellect, and a (...) great soul will be strong to live, as well as to think. Moral stature is acquired by an inward growth or development of character. Aided by such precepts and examples as we have been fortunate enough. To obtain, through the ministrations of others, and by our own efforts and observations. The value accorded to an acknowledged weight of exemplary character is illustrated in a letter from President Adams to George Washington, then a private citizen in retirement at Mount Vernon, when in 1798 war was imminent with France We must have your name if you will permit us to use it. There will be more efficacy in it than in many an army. Good citizenship is the aim and object of public school teaching, and is a positive demand of the State. It is the endeavor to do something toward meeting thisdemand by bringing to the young people in our public schools the incentives to high character and noble living by kindly advice and admonition, strengthened by numerous examples and anecdotes from the lives of those whom the world has delighted to honor, that this book has been prepared. If it shall have served this purpose in any degree, the author's object will have been attained. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, (...) the distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

This volume provides a general overview of the basic ethical and philosophical issues of animal rights. It asks questions such as: Do animals have moral rights? If so, what does this mean? What sorts of mental lives do animals have, and how should we understand welfare? By presenting models for understanding animals' moral status and rights, and examining their mental lives and welfare, David DeGrazia explores the implications for how we should treat animals in connection with our (...) diet, zoos, and research. Animal Rights distinguishes itself by combining intellectual rigor with accessibility, offering a distinct moral voice with a non-polemical tone. (shrink)

In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the (...) right to the best possible upbringing. Denying that parents have any significant rights over their children, he is able to challenge current thinking about the proper roles of state and family in rearing children. Crucially, he considers the problem of how to define and understand `child abuse'. (shrink)

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be (...) contingent on social conditions, and in particular on the nature of the international system. (shrink)

This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are fulfilled. This paper pursues three tasks. (...) First, it provides an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (shrink)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these (...) class='Hi'>rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)

The Proliferation of Rights explores how the assertion of rights has expanded dramatically since World War II. Carl Wellman illuminates for the reader the historical developments in each of the major categories of rights, including human rights, civil rights, women’s rights, patient rights, and animal rights. He concludes by assessing where this proliferation has been legitimate and helpful, cases where it has been illusory and unproductive, and alternatives to the appeal to (...) class='Hi'>rights. (shrink)

This book interrogates the meaning and consequences of the unsettling parallel relationship between today’s critical theory and Right-wing political philosophy.

An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can (...) be compatible with recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, while there (...) should be no removal of past information, steps must be taken to ensure that this is not constantly, or unnecessarily, recalled. (shrink)

Chapter 1 of this book argued that moral philosophy should be based on seven principles of theory selection adapted from the sciences. Chapter 2 argued that these principles support basing normative moral philosophy on a particular problem of diachronic instrumental rationality: the ‘problem of possible future selves.’ Chapter 3 argued that a new moral principle, the Categorical-Instrumental Imperative, is the rational solution to this problem. Chapter 4 argued that the Categorical-Instrumental Imperative has three equivalent formulations akin to but superior to (...) Kant’s formulations of the Categorical Imperative. Chapter 5 argued that my principle’s three formulations make it rational to adopt a Moral Original Position to derive moral principles. The present chapter derives Four Principles of Fairness from the Moral Original Position--principles of coercion minimization, mutual assistance, fair negotiation, and virtue—and unifies them into a single principle of rightness: Rightness as Fairness. Finally, this chapter argues that Rightness as Fairness entails a novel approach to applied ethics called ‘principled fair negotiation’, illustrating how the theory provides a plausible new framework for addressing applied cases including lying, suicide, trolleys, torture, distribution of scarce resources, poverty, and the ethical treatment of animals. (shrink)

Can we have objective knowledge of right and wrong, of how we should live and what there is reason to do? Can it be anything but luck when our moral beliefs are true? Kieran Setiya confronts these questions in their most compelling and articulate forms, and argues that if there is objective ethical knowledge, human nature is its source.

The Right and the Good, a classic of twentieth-century philosophy by the great scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's great (...) work today. (shrink)

The consequentialist project for human rights -- Exceptions to libertarian natural rights -- The main principle -- What is well-being? What is equity? -- The two deepest mysteries in moral philosophy -- Security rights -- Epistemological foundations for the priority of autonomy rights -- The millian epistemological argument for autonomy rights -- Property rights, contract rights, and other economic rights -- Democratic rights -- Equity rights -- The most reliable judgment (...) standard for weak paternalism -- Liberty rights and privacy rights -- Clarifications and responses to objections -- Conclusion. (shrink)

What should we make of claims by members of other groups to have moralities different from our own? Human Rights in Chinese Thought gives an extended answer to this question in the first study of its kind. It integrates a full account of the development of Chinese rights discourse - reaching back to important, though neglected, origins of that discourse in 17th and 18th century Confucianism - with philosophical consideration of how various communities should respond to contemporary Chinese (...) claims about the uniqueness of their human rights concepts. The book elaborates a plausible kind of moral pluralism and demonstrates that Chinese ideas of human rights do indeed have distinctive characteristics, but it nonetheless argues for the importance and promise of cross-cultural moral engagement. (shrink)

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and (...) their concomitant critiques. They address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan. (shrink)

This ground-breaking book is designed to raise awareness of human rights implications in psychology, and provide knowledge and tools enabling psychologists to put a human rights perspective into practice. Psychologists have always been deeply engaged in alleviating the harmful consequences human rights violations have on individuals. However, despite the fundamental role that human rights play for professional psychology and psychologists, human rights education is underdeveloped in psychologists' academic and vocational training. This book, the first of (...) its kind, looks to change this, by: raising awareness among professional psychologists, university teachers and psychology students about their role as human rights promoters and protectors providing knowledge and tools enabling them to put a human rights perspective into practice providing texts and methods for teaching human rights. Featuring chapters from leading scholars in the field, spanning18 countries and six continents, the book identifies how psychologists can ensure they are practising in a responsible way, as well as contributing to wider society with a clear knowledge of human rights issues in relation to culture, gender, organisations and more. Including hands-on recommendations, case studies and discussion points, this is essential reading for professional psychologists as part of continuing professional development and those in training and taking psychology courses. (shrink)

Five leading thinkers on the concept of 'rights' in an era of rightlessness Sixty years ago, the political theorist Hannah Arendt, deprived of her German citizenship as a Jew and in exile from her country, observed that before people can enjoy any of the 'inalienable' Rights of Man--before there can be any specific rights to education, work, voting, and so on--there must first be such a thing as 'the right to have rights.' The concept received little (...) attention at the time, but in our age of refugee crises and extra-state war, the phrase has become the center of a crucial and lively debate. Here five leading thinkers from varied disciplines, including history, law, and politics, discuss the critical issue of the basis of rights and the meaning of radical democratic politics today. (shrink)

An interpretative history of human rights in Africa, exploring indigenous rights traditions, anti-slavery, anti-colonialism, post-colonial violations and pro-democracy movements.

In this volume, F.M. Kamm explores how theories as well as hypothetical and practical cases help us understand rights and their limits. The book begins by considering moral status and its relation to having rights (including whether non-human animals have rights and what rights future persons have). The author then considers whether rights are grounded in duties to oneself, which duties are correlative to rights, and whether neuroscientific and psychological studies can help determine what (...) rights we have. Kamm next investigates the contours of the right not to be harmed by considering critiques of deontological distinctions, the costs that must be undertaken to avoid harming, and a proposal for permissibly harming someone (that allows for resisting the harm) in the Trolley Problem. Additional chapters cover possible implications of the Trolley Problem for such practical issues as correctly programming self-driving cars, providing medical treatments, and enacting redistributive economic policy. Kamm concludes the book by comparing the use of case-based judgments about extreme cases in moral versus aesthetic theory, and by exploring the significance of the right not to be harmed for morally correct policies in the extreme cases of torture and a pandemic. Where pertinent, Kamm considers the views of Derek Parfit, Tom Regan, Christine Korsgaard, Shelly Kagan, Ronald Dworkin, Amartya Sen, Allan Gibbard, Joshua Greene, Arthur Danto, and Judith Thomson, among others."--Provided by publisher. (shrink)

Fragmented social relations, the twin demise of authority and tradition, the breakdown of behavioural norms and constraints: all these are the outcome, according to their critics, of the uses and abuses of human rights in contemporary democratic societies. We are, they say, seeing the perverse effects of a 'religion of human rights' to which Europe has rashly devoted its heart and mind; and the supposed burgeoning of rights, which goes hand in hand with an unchecked rise of (...) expectations, is catapulting Western democracies into an age of never-ending demands. This emerged clearly in France in Spring 2013 during the demonstrations against equal marriage ('mariage pour tous') whose opponents deplored the excesses of a movement-driven left striving for an unbounded extension of rights - from the right to same-sex marriage to the enfranchisement of non-nationals or the right of same-sex couples to adopt. (shrink)

In recent years the ways in which humans treat animals has come to hold a central place in contemporary ethics, encapsulating, as it does, our increasingly strained relationship with our environment as well as overlapping with other global issues such as overpopulation and hunger. Animal Rights: All That Matters is a compelling account of some of the often bitterly contentious debates surrounding animal ethics. Starting from the key argument that - ethically speaking - there is far less difference between (...) humans and animals than has conventionally been allowed, Mark Rowlands goes on to explore and illuminate a host of contemporary issues - from farming and animal experimentation to hunting and the preservation of endangered species. This accessible and readable book will appeal to both students and general readers, giving a fascinating introduction to animal rights - and what matters most about them -- P. 4 of cover. (shrink)

Animals have alternately been considered pests, food, workers, test subjects, and, as is becoming increasingly common, companions. This begs the question: What rights should animals have? Through engaging text featuring annotated quotes from experts, readers learn about the changing role of animals and the ensuing changing attitudes of people toward how animals should be treated. Detailed charts, engaging sidebars, and relevant statistics provide an in-depth education regarding the history and ramifications, both legal and societal, of animal rights. Readers (...) are also encouraged to think critically to form an opinion on the actions and tactics of different animal rights organizations. (shrink)

Liberalism is the political philosophy of equal persons, yet liberalism has denied equality to those it saw as black sub-persons. In Black Rights/White Wrongs: The Critique of Racial Liberalism, political philosopher Charles Mills challenges mainstream accounts that ignore this history and its current legacy in the United States today.

The question of the nature and extent of our moral obligations to non-human animals has featured prominently in recent moral debate. This book defends the novel position that a contradictarian moral theory can be used to justify the claim that animals possess a substantial and wide-ranging set of moral rights. Critiquing the rival accounts of Peter Singer and Tom Regan, this study shows how an influential form of the social contract idea can be extended to make sense of the (...) concept of animal rights. (shrink)

"We hold these truths to be self-evident..." So begins the U.S. Declaration of Independence. What follows those words is a ringing endorsement of universal rights, but it is far from self-evident. Why did the authors claim that it was? William Talbott suggests that they were trapped by a presupposition of Enlightenment philosophy: That there was only one way to rationally justify universal truths, by proving them from self-evident premises. With the benefit of hindsight, it is clear that the authors (...) of the U.S. Declaration had no infallible source of moral truth. For example, many of the authors of the Declaration of Independence endorsed slavery. The wrongness of slavery was not self-evident; it was a moral discovery. In this book, William Talbott builds on the work of John Rawls, Jurgen Habermas, J.S. Mill, Amartya Sen, and Henry Shue to explain how, over the course of history, human beings have learned how to adopt a distinctively moral point of view from which it is possible to make universal, though not infallible, judgments of right and wrong. He explains how this distinctively moral point of view has led to the discovery of the moral importance of nine basic rights. Undoubtedly, the most controversial issue raised by the claim of universal rights is the issue of moral relativism. How can the advocate of universal rights avoid being a moral imperialist? In this book, Talbott shows how to defend basic individual rights from a universal moral point of view that is neither imperialistic nor relativistic. Talbott avoids moral imperialism by insisting that all of us, himself included, have moral blindspots and that we usually depend on others to help us to identify those blindspots. Talbott's book speaks to not only debates on human rights but to broader issues of moral and cultural relativism, and will interest a broad range of readers. (shrink)

We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin (...) and variety of rights and standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. _Rights: A Critical Introduction_ is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law. (shrink)

Personal narratives have become one of the most potent vehicles for advancing human rights claims across the world. Human Rights and Narrated Lives explores what happens when autobiographical narratives are produced, received, and circulated in the field of human rights. It asks how personal narratives emerge in local settings how international rights discourse enables and constrains individual and collective subjectivities in narration how personal narratives circulate and take on new meanings in new contexts and how and (...) under what conditions they feed into, affect, and are affected by the reorganization of politics in post-cold war, postcolonial, globalizing human rights contexts. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...) proportionality analysis is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

This paper is about three distinct but interrelated problems: (1) the role 0f rights in moral theory, (2) thc characterization 0f agent relative values and their admissibility in consequ<—:ncc—bascd evaluation, and ( 3) the nature 0f moral evaluation 0f states 0f aihirs.

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges (...) this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)