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Rights, Justice, and the Bounds of Liberty by Joel Feinberg Pdf
This volume of essays by one of America's preeminent philosophers in the area of jurisprudence and moral philosophy gathers together fourteen papers that had been published in widely scattered and not readily accessible sources. All of the essays deal with the political ideals of liberty and justice or with hard cases for the application of the concept of a right. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Packing his case with moral argument and relevant facts, Angelo Corlett offers the most comprehensive defense to date in favor of reparations for African Americans and American Indians. As Corlett see it, the heirs of oppression are both the descendants of the oppressors and the descendants of their victims. Corlett delves deeply into the philosophically related issues of collective responsibility, forgiveness and apology, and reparations as a human right in ways that no other book or article to date has done. He recommends specific policies and tests the basic arguments of this book with a lengthy chapter considering several objections to the line of reasoning grounding the project.
Freedom and Culture in Western Society by Hans Theodorus Blokland Pdf
Critically examining conceptions of freedom of some of the leading contemporary philosophers from Isaiah Berlin to Charles Taylor, Hans Blokland explores the value and significance that freedom has acquired on our political consciousness. He looks specifically at: * positive and negative freedom * freedom of the individual * freedom and society * emancipation and paternalism * freedom and cultural politics.
Liberalism: Rights, property and markets by G. W. Smith Pdf
Encompassing the relationship between the state and the individual, society and the individual, the nature of freedom and the concept of the person, this four-volume set covers the main tenets of the liberal tradition. The collection includes material from the rich background and history of classical writings, and also emphasizes modern scholarship and contemporary issues.Fully indexed and including a new introduction by the editor, this is an invaluable reference tool for both researchers and students in the field.
The first comprehensive philosophical examination of our duties to future generations, Dr de-Shalit argues that they are a matter of justice, not charity or supererogation.
What is desert? The aim of this book is to give an analysis of this notion. Starting from Feinberg's seminal paper, the argument goes on to Chisholm, 18th-century British Rationalism, and Kant, who developed the concept of propriety that is the foundation of the concept of desert and the key to understanding it. Beyond the analysis, the concept of desert is applied to two problems of moral philosophy, punishment and moral residue, that can be solved only by means of this notion. Desert is an indispensable moral concept we do well to understand clearly and to incorporate into our moral practice.
A Theory of Justice for Animals by Robert Garner Pdf
Are animals worthy recipients of justice? If so, what do we owe them, and what is to be gained by using the language of justice when considering our duties toward them? This innovative book argues that not only are animals worthy recipients of justice, but that the language of justice offers a stronger base of claims for animal advocates than does the language of ethics or morality. Contending that a genuinely political theory of animal rights must go beyond the level of ideal theory, this is the first account of animal ethics to use nonideal theory to plot a course from where we are now to where we want to be. Robert Garner argues that a valid theory of justice for animals should be rights-based, and that animals have a right to not suffer at the hands of humans. At the same time, he argues that humans have a greater interest in life and liberty than most species of nonhuman animals. Tackling animal ethics as it relates to justice and non-ideal theory, this is a seminal work that will challenge traditional approaches and offer a compelling new vision of animal justice.
Covenantal Rights is a groundbreaking work of political theory: a comprehensive, philosophically sophisticated attempt to bring insights from the Jewish political tradition into current political and legal debates about rights and to bring rights discourse more fully into Jewish thought. David Novak pursues these aims by presenting a theory of rights founded on the covenant between God and the Jewish people as that covenant is constituted by Scripture and the rabbinic tradition. In doing so, he presents a powerful challenge to prevailing liberal and conservative positions on rights and duties and opens a new chapter in contemporary Jewish political thinking. For Novak, "covenantal rights" are rooted in God's primary rights as creator of the universe and as the elector of a particular community whose members relate to this God as their sovereign. The subsequent rights of individuals and communities flow from God's covenantal promises, which function as irrevocable entitlements. This presents a sharp contrast to the liberal tradition, in which rights flow above all from individuals. It also challenges the conservative idea that duties can take precedence over rights, since Novak argues that there are no covenantal duties that are not backed by correlative rights. Novak explains carefully and clearly how this theory of covenantal rights fits into Jewish tradition and applies to the relationships among God, the covenanted community, and individuals. This work is a profound and provocative contribution to contemporary religious and political theory.
Race, Rights, and Justice by J. Angelo Corlett Pdf
Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H.L.A. Hart on the possibility and desirability of international law are carefully explicated. Following this, Race, Rights, and Justice defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. "In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates." (Larry May, Washington University in St. Louis, USA) "Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation." (Burleigh T. Wilkins, University of California, Santa Barbara, USA)
Race, Recognition and Retribution in Contemporary Youth Justice by Esmorie Miller Pdf
Race, Recognition and Retribution in Contemporary Youth Justice provides a cross-national, sociohistorical investigation of the legacy of racial discrimination, which informs contemporary youth justice practice in Canada and England. The book links racial disparities in youth justice, especially exclusion from ideologies of care and notions of future citizenship, with historical practices of exclusion. Despite the logic of care found in both rehabilitative and retributive forms of youth justice, Black inner-city youth remain excluded from lenience and social welfare considerations. This exclusion reflects a historical legacy of racial discrimination apparent in the harsher sanctions levied against Black, innercity youth. In exploring race’s role in this arrangement, the book asks: To what extent were Black youth excluded from historic considerations of the lenience and social care, built into the logic of youth justice in England and Canada? To what extent are the disproportionately high incarceration rates, for Black, inner-city youth in the contemporary system, a reflection of a historic exclusion from considerations of lenience and social care? How might contemporary justice efforts be reoriented to explicitly prioritize considerations of lenience and social care ahead of penalty for Black, inner-city youth? Examining the entrenched structural continuities of racial discrimination, the book draws on archival and interview data, with interviewees including professionals who work with inner-city youth. In concert with the archival and interview data, the book offers the intractability/malleability I/M thesis, an integrated social theoretical logic with the capacity to expand the customary analytical scope for understanding the contemporary entrenched normalization of racialized youth as punishable. The aim is to advance a historicized account, exploring youth’s positioning as constitutive of a continuity of racialized peoples’, in general, and youth’s, in particular, historic exclusion from the benefits of modern rights, including lenience and care. The I/M logic takes its analytical currency from a combined critical race theory (CRT) and recognition theory. The book argues that a truly progressive era of youth justice necessitates cultivating policy and practice which explicitly prioritizes considerations of lenience and social care, ahead of reliance on penalty. This multidisciplinary book is valuable reading for academics and students researching criminology, sociology, politics, anthropology, critical race studies, and history. It will also appeal to practitioners in the field of youth justice, policymakers, and third-sector organizations.
Children, Rights, and the Law by Philip Alston,Stephen Parker,Stephen John Parker,John A. Seymour Pdf
The adoption in November 1989, by the UN General Assembly, of the United Nations Convention on the Rights of the Child heralded the arrival of a new era in the development of children's rights. As of March 1991 over 75 states have ratified the Convention. Using the Convention as a frameworkthe contributors to this volume set out to re-evaluate the advantages and disadvantages of approaching issues of children's welfare and well-being through the lens of a `rights' approach. The aim is to take a fresh look at these issues and to do so with specific reference to an international treatythat is certain to be ratified by a very large number of countries in every region of the world and which will soon be legally binding in many states.This is a special issue of the International Journal of Law and the Family.Contributors: Tom Campbell, Onora O'Neill, Michael Freeman, Ngaire Naffine, Margaret Coady, Tony Coady, Sheila McLean, Frances Olsen, and John Eekelaar.
The Human Right to a Green Future by Richard P. Hiskes Pdf
This book presents an argument for establishing environmental human rights as the legitimate possession of both present and future generations. It uses these rights - to clean air, water, and soil - to make an argument for justice across generations, that is, for recognizing the obligation that present generations have to preserve the environment and natural resources for future generations.