9. Rights in conflict

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.

Shows how the UN regime on human rights has transformed national and international society in accordance with liberal values.

A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions

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.

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.

Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.

The hottest and most controversial book of the year! Find out who really controls the media in America. “[Ann Coulter] is never in doubt. And that, along with her bright writing, sense of irony and outrage, and her relish at finally hitting back at political opponents (especially in the media) is what makes Slander such refreshing and provocative reading.” —Los Angeles Times “[Ann Coulter] is a fluent polemicist with a gift for Menckenesque invective . . . and she can harness such language to subtle, syllogistic argument.” —Washington Post Book World “The most popular nonfiction book in America.”—New York Times “The real value of Slander . . . is not in the jokes or devastating exposés of liberal politicians and their allies, but the serious and scholarly study of just how entrenched the media prejudice is against anyone whose politics are even faintly conservative.” —New York Sun “Written with a great deal of passion . . . the real source of its strength—and its usefulness—was its painstaking marshalling of evidence . . . More important than [High Crimes and Misdemeanors] because it addresses a much broader issue, and one of lasting significance.”—National Review

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.

In 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. 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.