Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457
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Book Description
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.
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674237323
Category : Philosophy
Languages : en
Pages : 396
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Book Description
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.
Author: Alison Duxbury
Publisher: Cambridge University Press
ISBN: 1108465900
Category : Law
Languages : en
Pages : 431
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Book Description
Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 9780674008106
Category : Law
Languages : en
Pages : 532
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Book Description
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.
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674728041
Category : Philosophy
Languages : en
Pages : 71
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Book Description
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.
Author: Evelyne Schmid
Publisher: Cambridge University Press
ISBN: 1107063965
Category : Law
Languages : en
Pages : 395
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Book Description
Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.
Author: Ronald Dworkin
Publisher: Vintage
ISBN: 0307787915
Category : Law
Languages : en
Pages : 289
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Book Description
Internationally renowned lawyer and philosopher Ronald Dworkin addresses the crucially related acts of abortion and euthanasia in a brilliantly original book that examines their meaning in a nation that prizes both life and individual liberty. From Roe v. Wade to the legal battle over the death of Nancy Cruzan, no issues have opened greater rifts in American society than those of abortion and euthanasia. At the heart of Life's Dominion is Dworkin's inquest into why abortion and euthanasia provoke such controversy. Do these acts violate some fundamental "right to life"? Or are the objections against them based on the belief that human life is sacred? Combining incisive moral reasoning and close readings of indicidual court decisions with a majestic interpretation of the U.S. Constitution itself, Dworkin gives us a work that is absolutely essential for anyone who cares about the legal status of human life.
Author: William F. Felice
Publisher: State University of New York Press
ISBN: 1438402546
Category : Political Science
Languages : en
Pages : 272
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Book Description
Taking Suffering Seriously examines the evolution and development of the concept of collective human rights in international relations. Focusing on the tension between the rights of the individual member of society and the collective rights of certain groups, Felice argues that the protection of human dignity requires an expansion of our understanding of human rights to include those collective group rights often violated by state and global structures. He advocates a third way, between liberalism and Marxism, to move toward a world in which decision-making is based on norms of meeting basic human needs and true equality.
Author: Ronald Dworkin
Publisher:
ISBN: 9788175342569
Category : Law
Languages : en
Pages : 0
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Book Description
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author: Christopher Woodard
Publisher: Oxford University Press
ISBN: 0191047007
Category : Philosophy
Languages : en
Pages : 298
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Book Description
Utilitarianism is the idea that ethics is ultimately about what makes people's lives go better. While utilitarian ideas remain highly influential in politics and culture, they are subject to many well-developed philosophical criticisms, such as the claim that utilitarianism requires too much of us and the view that it does not respect individuals' rights. The theory is widely thought by philosophers to be the least plausible form of consequentialism, hampered by its excessive simplicity. In Taking Utilitarianism Seriously, Christopher Woodard argues that it is not defeated by the standard objections. He presents a new and rich version of utilitarianism that can answer all six commons objections plausibly and, in doing so, launches a state-of-the-art defence of the utilitarian tradition, which has greater resources than its critics have often assumed. Far from being excessively simple, utilitarianism is able to account for much of the complexity and nuance of everyday ethical thought. And rather than being quickly dismissed, utilitarian approaches to moral and political philosophy are due for renewed development and discussion.
