Rights From Wrongs

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Rights from Wrongs

Author : Alan M. Dershowitz
Publisher : Hachette UK
Page : 272 pages
File Size : 44,9 Mb
Release : 2009-04-20
Category : Law
ISBN : 9780786737734

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Rights from Wrongs by Alan M. Dershowitz Pdf

This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are "natural"-if, in the words of the Declaration of Independence, it is "self-evident that all men are endowed . . . with certain inalienable rights"-where do these rights come from? Does natural law really exist outside the formal structure of humanly enacted law? On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the "rights" of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This is a timely book that will have an immediate impact on our political dialogue, from the intersection of religion and law to recent quandaries surrounding the right to privacy, voting rights, and the right to marry. More than that, it is a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs will be the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice.

Rights from Wrongs

Author : Alan M. Dershowitz
Publisher : Harper Collins
Page : 284 pages
File Size : 50,8 Mb
Release : 2004-11-02
Category : Law
ISBN : 0465017134

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Rights from Wrongs by Alan M. Dershowitz Pdf

From one of the preeminent legal scholars of modern times and the author of "Supreme Injustice" comes a completely original answer to one of the most difficult questions in legal philosophy: What is the source of human rights?

Justice

Author : Nicholas Wolterstorff
Publisher : Princeton University Press
Page : 416 pages
File Size : 41,6 Mb
Release : 2010-05-02
Category : Philosophy
ISBN : 9780691146300

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Justice by Nicholas Wolterstorff Pdf

Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.

Human Rights and Wrongs

Author : Helen Fein
Publisher : Routledge
Page : 288 pages
File Size : 42,9 Mb
Release : 2015-12-03
Category : Political Science
ISBN : 9781317257974

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Human Rights and Wrongs by Helen Fein Pdf

Human Rights and Wrongs explains the persistence of crimes against humanity since the Holocaust-including slavery, terror, and genocide. Using extended country descriptions and analyses, the book goes beyond case studies to explain such gross human rights violations in terms of an integrated theory of life integrity, giving readers vivid illustrations in addition to a theoretical framework. Distinguished author Helen Fein then asks how we can arrest human wrongs and discusses whether democracy is the answer. She shows the positive links among human rights, freedom, and development and draws out policy recommendations from her findings.

Defining Rights and Wrongs

Author : Rosanna Lillian Langer
Publisher : University of British Columbia Press
Page : 220 pages
File Size : 54,6 Mb
Release : 2007
Category : Administrative agencies
ISBN : UOM:39015068814725

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Defining Rights and Wrongs by Rosanna Lillian Langer Pdf

The domestic processing of human rights complaints attracts a great deal of public attention and interest. Yet despite this scrutiny, there is still much below the surface that we don’t know. When people contact the human rights commission or a human rights lawyer, how do they think about and use human rights discourse? How do the legal professionals involved characterize the experiences they describe? How are complaints turned into cases? Can administrative systems be both effective and fair? Defining Rights and Wrongs investigates the day-to-day practices of low-level officials and intermediaries as they manage the gap between social relations and legal meaning in order to construct domestic human rights complaints. It documents how agency staff struggle to manage a huge body of claims within a system of restrictive rules but expansive definitions of discrimination. It also examines how independent human rights lawyers and advocacy organizations challenge human rights commissions and seek to radically reform the existing commission/tribunal structure. This book identifies the values that a human rights system should uphold if it is to be both fair and consistent with its own goals of promoting mutual respect and fostering the personal dignity and equal rights of citizens.

Rights and Wrongs of Children's Work

Author : M. F. C. Bourdillon
Publisher : Rutgers University Press
Page : 311 pages
File Size : 42,7 Mb
Release : 2010
Category : Business & Economics
ISBN : 9780813548883

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Rights and Wrongs of Children's Work by M. F. C. Bourdillon Pdf

Explores the place of labor in children's lives and child development. By incorporating recent theoretical advances in childhood studies and in child development, the authors argue for the need to re-think assumptions that underlie current policies on child labor. Proposes a new approach to promote the well-being, development, and human rights of working children. From publisher description.

Rights After Wrongs

Author : Shannon Morreira
Publisher : Stanford University Press
Page : 213 pages
File Size : 48,8 Mb
Release : 2016-05-25
Category : Social Science
ISBN : 9780804799096

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Rights After Wrongs by Shannon Morreira Pdf

The international legal framework of human rights presents itself as universal. But rights do not exist as a mere framework; they are enacted, practiced, and debated in local contexts. Rights After Wrongs ethnographically explores the chasm between the ideals and the practice of human rights. Specifically, it shows where the sweeping colonial logics of Western law meets the lived experiences, accumulated histories, and humanitarian debts present in post-colonial Zimbabwe. Through a comprehensive survey of human rights scholarship, Shannon Morreira explores the ways in which the global framework of human rights is locally interpreted, constituted, and contested in Harare, Zimbabwe, and Musina and Cape Town, South Africa. Presenting the stories of those who lived through the violent struggles of the past decades, Morreira shows how supposedly universal ideals become localized in the context of post-colonial Southern Africa. Rights After Wrongs uncovers the disconnect between the ways human rights appear on paper and the ways in which it is possible for people to use and understand them in everyday life.

What's Wrong with Rights?

Author : Nigel Biggar
Publisher : Oxford University Press, USA
Page : 375 pages
File Size : 44,8 Mb
Release : 2020
Category : Philosophy
ISBN : 9780198861973

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What's Wrong with Rights? by Nigel Biggar Pdf

What's Wrong with Rights? argues that contemporary rights-talk obscures the importance civic virtue, military effectiveness and the democratic law legitimacy. It draws upon legal and moral philosophy, moral theology, and court judgments. It spans discussions from medieval Christendom to contemporary debates about justified killing.

What's Wrong with Rights?

Author : Radha D'Souza
Publisher : Pluto Press (UK)
Page : 0 pages
File Size : 53,9 Mb
Release : 2018
Category : Human rights
ISBN : 0745335403

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What's Wrong with Rights? by Radha D'Souza Pdf

A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions

Disability Rights and Wrongs

Author : Tom Shakespeare
Publisher : Routledge
Page : 241 pages
File Size : 51,9 Mb
Release : 2006-12-05
Category : Health & Fitness
ISBN : 9781134277735

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Disability Rights and Wrongs by Tom Shakespeare Pdf

Over the last thirty years, the field of disability studies has emerged from the political activism of disabled people. In this challenging review of the field, leading disability academic and activist Tom Shakespeare argues that the social model theory has reached a dead end. Drawing on a critical realist perspective, Shakespeare promotes a pluralist, engaged and nuanced approach to disability. Key topics discussed include: dichotomies - the dangerous polarizations of medical model versus social model, impairment versus disability and disabled people versus non-disabled people identity - the drawbacks of the disability movement's emphasis on identity politics bioethics in disability - choices at the beginning and end of life and in the field of genetic and stem cell therapies care and social relationships - questions of intimacy and friendship. This stimulating and accessible book challenges orthodoxies in British disability studies, promoting a new conceptualization of disability and fresh research agenda. It is an invaluable resource for researchers and students in disability studies and sociology, as well as professionals, policy makers and activists.

Rights, Wrongs, and Injustices

Author : Stephen A. Smith
Publisher : Oxford University Press
Page : 368 pages
File Size : 43,7 Mb
Release : 2019-11-07
Category : Law
ISBN : 9780191058752

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Rights, Wrongs, and Injustices by Stephen A. Smith Pdf

Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Reproductive Rights and Wrongs

Author : Betsy Hartmann
Publisher : Haymarket Books
Page : 352 pages
File Size : 54,6 Mb
Release : 2016-11-21
Category : Political Science
ISBN : 9781608467341

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Reproductive Rights and Wrongs by Betsy Hartmann Pdf

“Those involved in women’s health issues, Third World studies, and economic development should find food for thought” (Kirkus Reviews). This is an updated edition of the “influential study” (Publishers Weekly) of issues surrounding childbirth and the history of population control programs. Challenging conventional wisdom about overpopulation, and uncovering the deeper roots of poverty, environmental degradation, and gender inequalities, the author uses data and vivid case studies to explore how population control programs came to be promoted by powerful governments, foundations, and international agencies as an instrument of Cold War development and security policy. Mainly targeting poor women, these programs were designed to drive down birth rates as rapidly and cheaply as possible, with coercion often a matter of course. In the war on population growth, birth control was deployed as a weapon, rather than a tool of reproductive choice. Threaded throughout is the story of how international women’s health activists fought to reform population control and promote a new agenda of sexual and reproductive health and rights for all. While their efforts bore fruit, obstacles remain. On one side is the anti-choice movement that wants to deny women access not only to abortion but to most methods of contraception. On the other is a resurgent, well-funded population control lobby that often obscures its motives with the language of women’s empowerment. Despite declining birth rates worldwide—average global family size is now 2.5 children—overpopulation alarm is on the rise, tied now to the threats of climate change and terrorism. Reproductive Rights and Wrongs reveals how these developments are rooted in the longer history and politics of population control. In this book, a new generation of readers will find knowledge and inspiration for the ongoing struggle to achieve reproductive rights and social, environmental, and gender justice.

Rights from Wrongs

Author : Alan M. Dershowitz
Publisher : Basic Books
Page : 272 pages
File Size : 47,8 Mb
Release : 2009-04-20
Category : Law
ISBN : 9780786737734

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Rights from Wrongs by Alan M. Dershowitz Pdf

Where do our rights come from? Does "natural law" really exist outside of what is written in constitutions and legal statutes? If so, why are rights not the same everywhere and in all eras? On the other hand, if rights are nothing more than the product of human law, why should we ever allow them to override the popular will? In Rights from Wrongs, renowned legal scholar Alan Dershowitz puts forward a wholly new and compelling answer to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular human experiences with injustice. Rights from Wrongs is the first book to propose a theory of rights that emerges not from a theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice. Human rights come from human wrongs. "[Dershowitz's] underlying theory is one that can be neutrally applied by people residing at all positions within the political spectrum.... Perhaps if his views were understood by more people, there would be both a toning down of the political rhetoric." -Tampa Tribune

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 44,7 Mb
Release : 2021
Category : Law
ISBN : 9781328518118

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How Rights Went Wrong by Jamal Greene Pdf

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Just Words

Author : Joel Bakan
Publisher : University of Toronto Press
Page : 272 pages
File Size : 55,9 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516727

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Just Words by Joel Bakan Pdf

The Canadian Charter of Rights is composed of words that describe the foundations of a just society: equality, freedom, and democracy. These words of justice have inspired struggles for civil rights, self-determination, trade unionism, the right to vote, and social welfare. Why is it, then, that fifteen years after the entrenchment of the Charter, social injustice remains pervasive in Canada? Joel Bakan explains why the Charter has failed to promote social justice, and why it may even impede it. He argues that the Charter's fine-sounding words of justice are 'just words.' Freedom, equality and democracy are fundamental principles of social justice. The Canadian Charter of Rights and Freedoms entrenches them in Canada's highest law, the constitution. Yet the Charter has failed to promote social justice in Canada. In Just Words, Joel Bakan explains why. Sophisticated in its analyses but clearly written and accessible, Just Words is cutting-edge commentary by one of Canada's rising intellectuals.