Values Rights And Duties In Legal And Philosophical Discourse
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Values Rights And Duties In Legal And Philosophical Discourse
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : en
Publisher:
Release Date : 2005
Values Rights And Duties In Legal And Philosophical Discourse written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Das vorliegende Beiheft der Zeitschrift »Rechtstheorie« fasst Tagungsergebnisse des 21. Weltkongresses der Internationalen Vereinigung für Rechts- und Sozialphilosophie zusammen, der 2003 in Lund abgehalten wurde. Insgesamt fünf Sektionen präsentieren hier ihre Ergebnisse, u.a. zu den Themen »Integration of Democracy and Law with Markets and Morality« oder »Legal Norms as Reasons for Action - Universalism versus Particularism«.
Values Rights And Duties In Legal And Philosophical Discourse
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Author : Christian Dahlman
language : en
Publisher:
Release Date : 2019
Values Rights And Duties In Legal And Philosophical Discourse written by Christian Dahlman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Das vorliegende Beiheft der Zeitschrift »Rechtstheorie« fasst Tagungsergebnisse des 21. Weltkongresses der Internationalen Vereinigung für Rechts- und Sozialphilosophie zusammen, der 2003 in Lund abgehalten wurde. Insgesamt fünf Sektionen präsentieren hier ihre Ergebnisse, u.a. zu den Themen »Integration of Democracy and Law with Markets and Morality« oder »Legal Norms as Reasons for Action - Universalism versus Particularism«.
Philosophy Of Human Rights
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Author : David Boersema
language : en
Publisher: Routledge
Release Date : 2018-04-19
Philosophy Of Human Rights written by David Boersema and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Philosophy categories.
Combining the sustained, coherent perspective of an authored text with diverse, authoritative primary readings, Philosophy of Human Rights provides the context and commentary students need to comprehend challenging rights concepts. Clear, accessible writing, thoughtful consideration of primary source documents, and practical, everyday examples pertinent to students' lives enhance this core textbook for courses on human rights and political philosophy. The first part of the book explores theoretical aspects, including the nature, justification, content, and scope of rights. With an emphasis on contemporary issues and debates, the second part applies these theories to practical issues such as political discourse, free expression, the right to privacy, children's rights, and victims' rights. The third part of the book features the crucial documents that are referred to throughout the book, including the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human Rights and Peoples' Rights, and many more.
Human Duties And The Limits Of Human Rights Discourse
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Author : Eric R. Boot
language : en
Publisher: Springer
Release Date : 2017-10-24
Human Duties And The Limits Of Human Rights Discourse written by Eric R. Boot and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with Philosophy categories.
This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University
Rights
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Author : Tom Campbell
language : en
Publisher: Routledge
Release Date : 2011-02-25
Rights written by Tom Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-25 with Philosophy categories.
We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin and variety of rights and standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. Rights: A Critical Introduction is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law.
Law Rights And Discourse
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Author : George Pavlakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-07-11
Law Rights And Discourse written by George Pavlakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-11 with Law categories.
A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Rights And Reason
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Author : Jonathan Gorman
language : en
Publisher: Routledge
Release Date : 2014-12-18
Rights And Reason written by Jonathan Gorman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-18 with Philosophy categories.
In "Rights and Reason", Jonathan Gorman sets discussion of the 'rights debate' within a wide-ranging philosophical and historical framework. Drawing on positions in epistemology, metaphysics and the theory of human nature as well as on the ideas of canonical thinkers, Gorman provides an introduction to the philosophy of rights that is firmly grounded in the history of philosophy as well as the concerns of contemporary political and legal philosophy. The book gives readers a clear sense that, just as there are arguments about the content of rights, and just as there are myriad claims to rights, so there are pluralities of theories of rights that offer some understanding of the moral and legal realm and of the place rights may hold within it. Gorman argues that in a pluralist context of inconsistent rights we require pragmatic procedures rather than universal principles of justice to resolve conflicting claims.
Philosophical Foundation Of Human Rights
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Author : Paul Tiedemann
language : en
Publisher: Springer Nature
Release Date : 2020-06-27
Philosophical Foundation Of Human Rights written by Paul Tiedemann and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-27 with Law categories.
This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement. Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.
Philosophy Of Law A Very Short Introduction
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Author : Raymond Wacks
language : en
Publisher: OUP Oxford
Release Date : 2014-02-27
Philosophy Of Law A Very Short Introduction written by Raymond Wacks and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-27 with Law categories.
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The Duty To Obey The Law
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Author : William A. Edmundson
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 1998-12-23
The Duty To Obey The Law written by William A. Edmundson and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-12-23 with Philosophy 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.