A Liberal Theory Of Collective Rights
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A Liberal Theory Of Collective Rights
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Author : Michel Seymour
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2017-11-27
A Liberal Theory Of Collective Rights written by Michel Seymour and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Political Science categories.
Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?
Multicultural Citizenship
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Author : Will Kymlicka
language : en
Publisher: Clarendon Press
Release Date : 1996-09-19
Multicultural Citizenship written by Will Kymlicka and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-09-19 with Political Science categories.
The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of `collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.
Group Rights As Human Rights
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Author : Neus Torbisco Casals
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-06-30
Group Rights As Human Rights written by Neus Torbisco Casals and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-30 with Law categories.
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Rights Groups And Self Invention
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Author : Eric J. Mitnick
language : en
Publisher: Routledge
Release Date : 2018-01-18
Rights Groups And Self Invention written by Eric J. Mitnick and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-18 with Law categories.
Group-differentiated rights, or rights that attach on the basis of membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern pluralistic legal systems. Eric Mitnick offers the first comprehensive treatment of this important form of right. The book describes and critically assesses the group-differentiated form of 'right' from within analytical, constitutive and liberal theory. It further examines the extent to which group-differentiated rights constitute aspects of human identity, and it asks whether this should be a cause for concern from the perspective of liberal theory. The more detailed normative work advanced in the book contextually applies the constitutive understanding of rights and the principles of liberal membership to particular examples of group-differentiated citizenship. Such examples range from ascriptive statuses such as slavery and alienage, to more affirmative classifications, such as those apparent in the contexts of civil unions and affirmative action, finally to the claims of religious and other cultural groups for official recognition and accommodation of group-based beliefs and practices.
Collective Rights
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Author : Miodrag A. Jovanović
language : en
Publisher:
Release Date : 2012
Collective Rights written by Miodrag A. Jovanović and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Electronic books categories.
"In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights"--
A Liberal Theory Of International Justice
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Author : Andrew Altman
language : en
Publisher: OUP Oxford
Release Date : 2011-05-26
A Liberal Theory Of International Justice written by Andrew Altman and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-26 with Political Science categories.
A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.
Liberalism Community And Culture
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Author : Will Kymlicka
language : en
Publisher: Oxford University Press
Release Date : 1991
Liberalism Community And Culture written by Will Kymlicka and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Political Science categories.
Examines the nature and value of community and culture from a liberal viewpoint, and links the theories under discussion to more familiar liberal views on individual rights and state neutrality.
The Absence Of Group Rights From Classical Liberal Theory
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Author : Donald A. Bailey
language : en
Publisher:
Release Date : 1990
The Absence Of Group Rights From Classical Liberal Theory written by Donald A. Bailey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Freedom of religion categories.
Property And Justice
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Author : Billy Christmas
language : en
Publisher: Routledge
Release Date : 2021-03-30
Property And Justice written by Billy Christmas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-30 with Philosophy categories.
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Community And Collective Rights
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Author : Dwight Newman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-07-13
Community And Collective Rights written by Dwight Newman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-13 with Law categories.
This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.