Critiquing John Rawls And Ronald Dworkin Regarding Our Obligation To The Law
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Critiquing John Rawls And Ronald Dworkin Regarding Our Obligation To The Law
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Author : Robert K. Reeve
language : en
Publisher:
Release Date : 1988
Critiquing John Rawls And Ronald Dworkin Regarding Our Obligation To The Law written by Robert K. Reeve and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law (Philosophical concept) categories.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25
Taking Rights Seriously written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with Philosophy categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
The Original Position
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Author : Timothy Hinton
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-10
The Original Position written by Timothy Hinton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-10 with Philosophy categories.
This volume explores and analyses the continued relevance and ramifications of the original position, the central idea of John Rawls's political philosophy.
Ronald Dworkin On Law As Integrity
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Author : Paul Gaffney
language : en
Publisher:
Release Date : 1996
Ronald Dworkin On Law As Integrity written by Paul Gaffney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Judicial process categories.
A full discussion on his understanding of rights as "trump cards" which privilege the individual claim over the group policy; the critique of legal positivism; the history of a legal institution according to the analogy of a chain novel; and the insistence upon a theory of adjudication that is both constructive and yet faithful to the deepest intentions of legal documents.
The Philosophy Of International Law
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Author : Samantha Besson
language : en
Publisher: Oxford University Press
Release Date : 2010-04
The Philosophy Of International Law written by Samantha Besson 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 2010-04 with Law categories.
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
A Theory Of Justice
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Author : John RAWLS
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
A Theory Of Justice written by John RAWLS and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Philosophy categories.
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
In The Shadow Of Justice
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Author : Katrina Forrester
language : en
Publisher: Princeton University Press
Release Date : 2021-03-09
In The Shadow Of Justice written by Katrina Forrester and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Philosophy categories.
"In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and '70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right--from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism's ambitions and limits."--
Sovereign Virtue
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2000
Sovereign Virtue written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.
Law S Empire
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Author : Ronald Dworkin
language : en
Publisher:
Release Date : 2011-11
Law S Empire written by Ronald Dworkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11 with Law categories.
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
John Rawls
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Author : Thomas Pogge
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
John Rawls written by Thomas Pogge and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Biography & Autobiography categories.
This is a short, accessible introduction to John Rawls' thought and gives a thorough and concise presentation of the main outlines of Rawls' theory as well as drawing links between Rawls' enterprise and other important positions in moral and political philosophy.