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Author: Radha D'Souza
Publisher: Pluto Press (UK)
Published: 2018
Total Pages: 0
ISBN-13: 9780745335407
DOWNLOAD EBOOK →A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions
Author: Matthew McManus
Publisher: Springer Nature
Published: 2020-11-23
Total Pages: 303
ISBN-13: 303061025X
DOWNLOAD EBOOK →This book has two aims. First, to provide a critical legal examination of the liberal state and liberal rights in the law, and secondly, to present a systematic alternative to liberal approaches to both the law and rights, grounded in a left wing conception of human dignity. At the opening of the 21st century a remarkable thing happened. Liberalism, once considered the only doctrine left standing at the end of history, began to face renewed competition from both the political left and the post-modern conservative right. This book argues that the way forward is not to abandon, but to radicalize, the potential of the liberal project. Analysing major theoretical positions in order to build a critical genealogy of liberal rights, McManus lucidly develops a left wing alternative to the classic liberal approach to rights drawing on the traditions of liberal egalitarians and deliberative democracy theory. Societies, he argues, should be committed to advancing the human dignity of all through the enshrinement of certain rights into positive state law, the expansion of democracy and a resolute commitment to economic equality.
Author: Eric Heinze
Publisher: Routledge
Published: 2004-02-24
Total Pages: 353
ISBN-13: 113441983X
DOWNLOAD EBOOK →The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Author: Billy Christmas
Publisher: Routledge
Published: 2021-03-30
Total Pages: 250
ISBN-13: 1000370070
DOWNLOAD EBOOK →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.
Author: John Charvet
Publisher: Cambridge University Press
Published: 2008-11-20
Total Pages: 447
ISBN-13: 0521883148
DOWNLOAD EBOOK →Shows how the UN regime on human rights has transformed national and international society in accordance with liberal values.
Author: Naomi Murakawa
Publisher: Oxford University Press
Published: 2014
Total Pages: 281
ISBN-13: 0199892784
DOWNLOAD EBOOK →"The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their first civil right - physical safety - eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America." -- Publisher's description.
Author: Michel Seymour
Publisher: McGill-Queen's Press - MQUP
Published: 2017-11-27
Total Pages:
ISBN-13: 0773552499
DOWNLOAD EBOOK →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?
Author: Will Kymlicka
Publisher: Clarendon Press
Published: 1996-09-19
Total Pages: 296
ISBN-13: 0191622451
DOWNLOAD EBOOK →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.
Author: Judith R. Blau
Publisher: Rowman & Littlefield
Published: 2005
Total Pages: 230
ISBN-13: 9780742542433
DOWNLOAD EBOOK →There is growing recognition around the globe that people's fundamental human rights are being imperiled in a world economy that is being driven by multinationals, investors, and banks. The 'race to the bottom' and insatiable greed has intensified poverty and economic inequalities, fueled migration, and rapidly accelerated environmental degradation. The fates of all nations are interdependent and even though the U.S. is the prime driver of the new economy, Americans have likewise experienced declines over the past decades. Blau and Moncada outline the fundamental human rights that all people are entitled to and the important role that nations have in upholding these rights. Americans find it somewhat difficult to accept the basic premise of human rights because liberalism, as a social, political, and economic ethos powerfully undercuts the premise of human rights. American liberalism highlights the efficacy of individual achievement and individual autonomy, thereby promoting the idea that people have no rights to security. . Human rights, in contrast to the liberal ethos, asserts that all humans have inalienable rights, including rights to a job, housing, social security, education, and a cultural, racial or ethnic identity. Under the conditions of a turbulent global economy, human rights need to be granted the highest standing. The authors consider global capitalism, as well as the role of the global media, and the problematic relationship between the state and society in America. In the final chapter, we review the many currents of transformative movements that are promoting a more equitable, fairer, and more egalitarian world.
Author: Michel Seymour
Publisher: McGill-Queen's Press - MQUP
Published: 2017-11-27
Total Pages:
ISBN-13: 0773552480
DOWNLOAD EBOOK →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?
