Taking Rights Seriously

Taking Rights Seriously
Author :
Publisher : A&C Black
Total Pages : 457
Release :
ISBN-10 : 9781780938332
ISBN-13 : 1780938330
Rating : 4/5 (32 Downloads)

Synopsis Taking Rights Seriously by : Ronald Dworkin

A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

Taking Rights Seriously

Taking Rights Seriously
Author :
Publisher : Harvard University Press
Total Pages : 396
Release :
ISBN-10 : 9780674237322
ISBN-13 : 0674237323
Rating : 4/5 (22 Downloads)

Synopsis Taking Rights Seriously by : Ronald Dworkin

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.

Can ASEAN Take Human Rights Seriously?

Can ASEAN Take Human Rights Seriously?
Author :
Publisher : Cambridge University Press
Total Pages : 431
Release :
ISBN-10 : 9781108465908
ISBN-13 : 1108465900
Rating : 4/5 (08 Downloads)

Synopsis Can ASEAN Take Human Rights Seriously? by : Alison Duxbury

Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse

Freedom's Law

Freedom's Law
Author :
Publisher : OUP Oxford
Total Pages : 438
Release :
ISBN-10 : 9780198265573
ISBN-13 : 0198265573
Rating : 4/5 (73 Downloads)

Synopsis Freedom's Law by : Ronald Dworkin

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Sovereign Virtue

Sovereign Virtue
Author :
Publisher : Harvard University Press
Total Pages : 532
Release :
ISBN-10 : 0674008103
ISBN-13 : 9780674008106
Rating : 4/5 (03 Downloads)

Synopsis Sovereign Virtue by : Ronald Dworkin

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.

Taking Suffering Seriously

Taking Suffering Seriously
Author :
Publisher : SUNY Press
Total Pages : 272
Release :
ISBN-10 : 0791430626
ISBN-13 : 9780791430620
Rating : 4/5 (26 Downloads)

Synopsis Taking Suffering Seriously by : William F. Felice

Examines the evolution of collective human rights in international relations and argues that the concept of human rights must integrate group rights based on race/ethnicity, gender, class, and sexuality.

Religion without God

Religion without God
Author :
Publisher : Harvard University Press
Total Pages : 71
Release :
ISBN-10 : 9780674728042
ISBN-13 : 0674728041
Rating : 4/5 (42 Downloads)

Synopsis Religion without God by : Ronald Dworkin

In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.

Taking Utilitarianism Seriously

Taking Utilitarianism Seriously
Author :
Publisher :
Total Pages : 259
Release :
ISBN-10 : 9780198732624
ISBN-13 : 0198732627
Rating : 4/5 (24 Downloads)

Synopsis Taking Utilitarianism Seriously by : Christopher Woodard

Christopher Woodard presents a new and rich version of utilitarianism, the idea that ethics is ultimately about what makes people's lives go better. He launches a state-of-the-art defence of the theory, often seen as excessively simple, and shows that it can account for much of the complexity and nuance of everyday ethical thought.

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law
Author :
Publisher : Cambridge University Press
Total Pages : 395
Release :
ISBN-10 : 9781107063969
ISBN-13 : 1107063965
Rating : 4/5 (69 Downloads)

Synopsis Taking Economic, Social and Cultural Rights Seriously in International Criminal Law by : Evelyne Schmid

Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.

The Oxford Handbook of Children's Rights Law

The Oxford Handbook of Children's Rights Law
Author :
Publisher : Oxford University Press
Total Pages : 797
Release :
ISBN-10 : 9780190097622
ISBN-13 : 0190097620
Rating : 4/5 (22 Downloads)

Synopsis The Oxford Handbook of Children's Rights Law by : Jonathan Todres

Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.