Political Obligations And Provisional Rights
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Political And Legal Obligation
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Author : James Roland Pennock
language : en
Publisher: Transaction Publishers
Release Date : 1970
Political And Legal Obligation written by James Roland Pennock and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Philosophy categories.
At a point in history marked by dramatic challenges to the existing political and social order, the question of legal and political obligation emerges as a focal point of international concern. Amid the clamor for radical change in the established order, theories of political obligation demand renewed examination. In this volume, eighteen leading specialists in the legal, philosophical, and political science aspects of the question, offer their views on this timely topic. Part I examines the nature of moral, legal, and political obligation. The first essay presents a set of defi nitions that denies the very existence of obligation. The second essay disagrees particularly with respect to the relationship of political to moral tenets, and the third discusses the highly complex interplay between law and morality. Part II takes up the conditions of obligation and of obedience. The fi rst essay in this part discusses the conditions necessary to generate a "felt obligation." The second paper, concentrates on exposing key obstacles to the empirical proof that behavior is, or is not, motivated by "felt obligation." While the third draws upon a large body of literature and court decisions dealing with compliance to the law. The fourth essay is a case study of Rome, probing the role of obligation during that citys seven centuries of existence without a police force, and the ultimate breakdown of the system. Part III highlights ethical considerations that arise out of civil disobedience. The first essay proposes a rather restrictive defi nition of civil disobedience, and then embarks on a surprising examination of this subject in the light of the traditional arguments for "just war." Following that, is a broader examination of disobedience, emphasizing a contextual approach and applying, as a test, the likelihood of public good that will result from disobedience. Scholars and students in the areas of law, philosophy, and political science will find this volume a vital addition to their libraries.
Provisional Politics
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Author : Elisabeth Ellis
language : en
Publisher: Yale University Press
Release Date : 2008-01-01
Provisional Politics written by Elisabeth Ellis and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Philosophy categories.
If we are to vindicate moral reasoning in politics, Elisabeth Ellis argues in this original and provocative work, we must focus on the conditions of political discourse rather than the contents of any particular ethical system. Written in an engaging, direct style, Provisional Politics builds on Ellis's prize-winning interpretation of Kant's theory of provisional right to construct a new theory of justice under conditions of agency and plurality. She develops this new perspective through a series of cases ranging from the treatment of AIDS widows in Kenya to the rights of non-citizens everywhere, as well as the clash between democratic decision-making and the politics of species conservation. The book concludes with a sobering discussion of the probable limits of political agency.
Justification And Legitimacy
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Author : A. John Simmons
language : en
Publisher: Cambridge University Press
Release Date : 2001
Justification And Legitimacy written by A. John Simmons 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 2001 with Law categories.
This book contains essays by A. John Simmons, perhaps the most innovative and creative of today's political philosophers.
The Duty To Obey The Law
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Author : William Atkins Edmundson
language : en
Publisher: Rowman & Littlefield
Release Date : 1999
The Duty To Obey The Law written by William Atkins Edmundson and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.
Preventing Irreparable Harm
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Author : Eva R. Rieter
language : en
Publisher:
Release Date : 2010
Preventing Irreparable Harm written by Eva R. Rieter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.
Political Concepts
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Author : Richard Bellamy
language : en
Publisher: Manchester University Press
Release Date : 2003-08-02
Political Concepts written by Richard Bellamy and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-02 with Philosophy categories.
This book offers a sophisticated analysis of central political concepts in the light of recent debates in political theory. It introduces readers to some of the main interpretations, pointing out their strengths and weaknesses, including a broad range of the main concepts used in contemporary debates on political theory. It tackles the principle concepts employed to justify any policy or institution and examines the main domestic purposes and functions of the state. It goes on to study the relationship between state and civil society and finally looks beyond the state to issues of global concern and inter-state relations.
A Theory Of Political Obligation
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Author : Margaret Gilbert
language : en
Publisher: OUP UK
Release Date : 2008
A Theory Of Political Obligation written by Margaret Gilbert and has been published by OUP UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Philosophy categories.
Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the law tells me to do? Do I have special obligations to conform to the laws of my own country and if so, why? In what sense, if any, must I fight in wars in which my country is engaged, if ordered to do so, or suffer the penalty for law-breaking the law imposes - including the death penalty? Gilbert's accessible book offers a provocativeand compelling case in favour of citizens' obligations to the state, while examining how these can be squared with self-interest and other competing considerations.
Kant And Colonialism
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Author : Katrin Flikschuh
language : en
Publisher: OUP Oxford
Release Date : 2014-11-20
Kant And Colonialism written by Katrin Flikschuh and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Political Science categories.
This is the first book dedicated to a systematic exploration of Kant's position on colonialism. Bringing together a team of leading scholars in both the history of political thought and normative theory, the chapters in the volume seek to place Kant's thoughts on colonialism in historical context, examine the tensions that the assessment of colonialism produces in Kant's work, and evaluate the relevance of these reflections for current debates on global justice and the relation of Western political thinking to other parts of the world.
Between Democracy And Law
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Author : Carlos Closa
language : en
Publisher: Routledge
Release Date : 2019-09-30
Between Democracy And Law written by Carlos Closa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-30 with Law categories.
This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
Territorial Rights
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Author : Tamar Meisels
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-09-20
Territorial Rights written by Tamar Meisels 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 2007-09-20 with Philosophy categories.
Liberal defences of nationalism have become prevalent since the mid-1980’s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation’s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’. The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims.