Author: Robert Alexy
Publisher:
ISBN: 0199584230
Category : Law
Languages : en
Pages : 518
Book Description
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
A Theory of Liberty
Author: H. N. Hirsch
Publisher: Routledge
ISBN: 1000706524
Category : Political Science
Languages : en
Pages : 410
Book Description
First published in 1992. A Theory of Liberty seeks to change the way we think about the American constitution. The focus of the book is the legal status of minority groups in the United States a topic at the top of the current political agenda. Arguing that minority rights were vitally important to the founding fathers, H. N. Hirsch presents an original and provocative look at issues such as affirmative action, abortion, and the rights of children, lesbians and gay men, mental patients, and the physically disabled. In an analysis which blends history, philosophy, law, and social science, Hirsch attacks both liberals who hide from history and conservatives who push for "original intent." He argues that we can remain faithful to the most basic intent of the founding fathers without losing our ability to reinterpret the Constitution against the backdrop of contemporary social "facts." Hirsch exposes the errors and hypocrisy of the current Supreme Court majority, and argues that the Constitution’s liberty can and should be interpreted to protect the rights of minority groups. Timely and controversial, this title offers a challenging look at some of America’s most basic ideological commitments, and will appeal to anyone concerned with the current state of American law or the treatment of minority groups.
Publisher: Routledge
ISBN: 1000706524
Category : Political Science
Languages : en
Pages : 410
Book Description
First published in 1992. A Theory of Liberty seeks to change the way we think about the American constitution. The focus of the book is the legal status of minority groups in the United States a topic at the top of the current political agenda. Arguing that minority rights were vitally important to the founding fathers, H. N. Hirsch presents an original and provocative look at issues such as affirmative action, abortion, and the rights of children, lesbians and gay men, mental patients, and the physically disabled. In an analysis which blends history, philosophy, law, and social science, Hirsch attacks both liberals who hide from history and conservatives who push for "original intent." He argues that we can remain faithful to the most basic intent of the founding fathers without losing our ability to reinterpret the Constitution against the backdrop of contemporary social "facts." Hirsch exposes the errors and hypocrisy of the current Supreme Court majority, and argues that the Constitution’s liberty can and should be interpreted to protect the rights of minority groups. Timely and controversial, this title offers a challenging look at some of America’s most basic ideological commitments, and will appeal to anyone concerned with the current state of American law or the treatment of minority groups.
The Subject of Liberty
Author: Nancy J. Hirschmann
Publisher: Princeton University Press
ISBN: 1400825369
Category : Political Science
Languages : en
Pages : 311
Book Description
This book reconsiders the dominant Western understandings of freedom through the lens of women's real-life experiences of domestic violence, welfare, and Islamic veiling. Nancy Hirschmann argues that the typical approach to freedom found in political philosophy severely reduces the concept's complexity, which is more fully revealed by taking such practical issues into account. Hirschmann begins by arguing that the dominant Western understanding of freedom does not provide a conceptual vocabulary for accurately characterizing women's experiences. Often, free choice is assumed when women are in fact coerced--as when a battered woman who stays with her abuser out of fear or economic necessity is said to make this choice because it must not be so bad--and coercion is assumed when free choices are made--such as when Westerners assume that all veiled women are oppressed, even though many Islamic women view veiling as an important symbol of cultural identity. Understanding the contexts in which choices arise and are made is central to understanding that freedom is socially constructed through systems of power such as patriarchy, capitalism, and race privilege. Social norms, practices, and language set the conditions within which choices are made, determine what options are available, and shape our individual subjectivity, desires, and self-understandings. Attending to the ways in which contexts construct us as "subjects" of liberty, Hirschmann argues, provides a firmer empirical and theoretical footing for understanding what freedom means and entails politically, intellectually, and socially.
Publisher: Princeton University Press
ISBN: 1400825369
Category : Political Science
Languages : en
Pages : 311
Book Description
This book reconsiders the dominant Western understandings of freedom through the lens of women's real-life experiences of domestic violence, welfare, and Islamic veiling. Nancy Hirschmann argues that the typical approach to freedom found in political philosophy severely reduces the concept's complexity, which is more fully revealed by taking such practical issues into account. Hirschmann begins by arguing that the dominant Western understanding of freedom does not provide a conceptual vocabulary for accurately characterizing women's experiences. Often, free choice is assumed when women are in fact coerced--as when a battered woman who stays with her abuser out of fear or economic necessity is said to make this choice because it must not be so bad--and coercion is assumed when free choices are made--such as when Westerners assume that all veiled women are oppressed, even though many Islamic women view veiling as an important symbol of cultural identity. Understanding the contexts in which choices arise and are made is central to understanding that freedom is socially constructed through systems of power such as patriarchy, capitalism, and race privilege. Social norms, practices, and language set the conditions within which choices are made, determine what options are available, and shape our individual subjectivity, desires, and self-understandings. Attending to the ways in which contexts construct us as "subjects" of liberty, Hirschmann argues, provides a firmer empirical and theoretical footing for understanding what freedom means and entails politically, intellectually, and socially.
A Theory of Justice
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Two Concepts of Liberty
Author: Isaiah Berlin
Publisher:
ISBN:
Category :
Languages : en
Pages : 57
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 57
Book Description
On Liberty
Author: John Stuart Mill
Publisher: Createspace Independent Publishing Platform
ISBN: 9781536930368
Category :
Languages : en
Pages : 102
Book Description
In his much quoted, seminal work, On Liberty, John Stuart Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures-the summum bonum of Utilitarianism. Published in 1859, On Liberty presents one of the most eloquent defenses of individual freedom and is perhaps the most widely-read liberal argument in support of the value of liberty.
Publisher: Createspace Independent Publishing Platform
ISBN: 9781536930368
Category :
Languages : en
Pages : 102
Book Description
In his much quoted, seminal work, On Liberty, John Stuart Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures-the summum bonum of Utilitarianism. Published in 1859, On Liberty presents one of the most eloquent defenses of individual freedom and is perhaps the most widely-read liberal argument in support of the value of liberty.
Isaiah Berlin and the Politics of Freedom
Author: Bruce Baum
Publisher: Routledge
ISBN: 1135132380
Category : Political Science
Languages : en
Pages : 277
Book Description
Since his death in 1997, Isaiah Berlin’s writings have generated continual interest among scholars and educated readers, especially in regard to his ideas about liberalism, value pluralism, and "positive" and "negative" liberty. Most books on Berlin have examined his general political theory, but this volume uses a contemporary perspective to focus specifically on his ideas about freedom and liberty. Isaiah Berlin and the Politics of Freedom brings together an integrated collection of essays by noted and emerging political theorists that commemorate in a critical spirit the recent 50th anniversary of Isaiah Berlin’s famous lecture and essay, "Two Concepts of Liberty." The contributors use Berlin’s essay as an occasion to rethink the larger politics of freedom from a twenty-first century standpoint, bringing Berlin’s ideas into conversation with current political problems and perspectives rooted in postcolonial theory, feminist theory, democratic theory, and critical social theory. The editors begin by surveying the influence of Berlin’s essay and the range of debates about freedom that it has inspired. Contributors’ chapters then offer various analyses such as competing ways to contextualize Berlin’s essay, how to reconsider Berlin’s ideas in light of struggles over national self-determination, European colonialism, and racism, and how to view Berlin’s controversial distinction between so-called "negative liberty" and "positive liberty." By relating Berlin’s thinking about freedom to competing contemporary views of the politics of freedom, this book will be significant for both scholars of Berlin as well as people who are interested in larger debates about the meaning and conditions of freedom.
Publisher: Routledge
ISBN: 1135132380
Category : Political Science
Languages : en
Pages : 277
Book Description
Since his death in 1997, Isaiah Berlin’s writings have generated continual interest among scholars and educated readers, especially in regard to his ideas about liberalism, value pluralism, and "positive" and "negative" liberty. Most books on Berlin have examined his general political theory, but this volume uses a contemporary perspective to focus specifically on his ideas about freedom and liberty. Isaiah Berlin and the Politics of Freedom brings together an integrated collection of essays by noted and emerging political theorists that commemorate in a critical spirit the recent 50th anniversary of Isaiah Berlin’s famous lecture and essay, "Two Concepts of Liberty." The contributors use Berlin’s essay as an occasion to rethink the larger politics of freedom from a twenty-first century standpoint, bringing Berlin’s ideas into conversation with current political problems and perspectives rooted in postcolonial theory, feminist theory, democratic theory, and critical social theory. The editors begin by surveying the influence of Berlin’s essay and the range of debates about freedom that it has inspired. Contributors’ chapters then offer various analyses such as competing ways to contextualize Berlin’s essay, how to reconsider Berlin’s ideas in light of struggles over national self-determination, European colonialism, and racism, and how to view Berlin’s controversial distinction between so-called "negative liberty" and "positive liberty." By relating Berlin’s thinking about freedom to competing contemporary views of the politics of freedom, this book will be significant for both scholars of Berlin as well as people who are interested in larger debates about the meaning and conditions of freedom.
That Broader Definition of Liberty
Author: Brian Stipelman
Publisher: Lexington Books
ISBN: 073917455X
Category : Political Science
Languages : en
Pages : 332
Book Description
That Broader Definition of Liberty synthesizes a political theory of the New Deal from the writings of Franklin Roosevelt, Eleanor Roosevelt, Henry Wallace, and Thurman Arnold. The resultant theory highlights the need for the public accountability of private economic power, arguing that when the private economic realm is unable to adequately guarantee the rights of citizens, the state must intervene to protect those rights. The New Deal created a new American social contract that accorded our right to the pursuit of happiness a status equal to liberty, and grounded both in an expansive idea of security as the necessary precondition for the exercise of either. This was connected to a theory of the common good that privileged the consumer as the central category while simultaneously working to limit the worst excesses of consumption-oriented individualism. This theory of ends was supplemented by a theory of practice that focused on ways to institutionalize progressive politics in a conservative institutional context. Brian Stipelman, drawing upon a mixture of history, American political development, and political theory, offers a comprehensive theory of the New Deal, covering both the ends it hoped to achieve and the means it used to achieve them.
Publisher: Lexington Books
ISBN: 073917455X
Category : Political Science
Languages : en
Pages : 332
Book Description
That Broader Definition of Liberty synthesizes a political theory of the New Deal from the writings of Franklin Roosevelt, Eleanor Roosevelt, Henry Wallace, and Thurman Arnold. The resultant theory highlights the need for the public accountability of private economic power, arguing that when the private economic realm is unable to adequately guarantee the rights of citizens, the state must intervene to protect those rights. The New Deal created a new American social contract that accorded our right to the pursuit of happiness a status equal to liberty, and grounded both in an expansive idea of security as the necessary precondition for the exercise of either. This was connected to a theory of the common good that privileged the consumer as the central category while simultaneously working to limit the worst excesses of consumption-oriented individualism. This theory of ends was supplemented by a theory of practice that focused on ways to institutionalize progressive politics in a conservative institutional context. Brian Stipelman, drawing upon a mixture of history, American political development, and political theory, offers a comprehensive theory of the New Deal, covering both the ends it hoped to achieve and the means it used to achieve them.
Liberty, State & Union
Author: Luigi Marco Bassani
Publisher: Mercer University Press
ISBN: 0881461865
Category : Biography & Autobiography
Languages : en
Pages : 284
Book Description
Examines the political ideals of Thomas Jefferson, discussing his views on the rights of man and state's rights, and describing the political theory that guided Jefferson's decisions as the nation's third president.
Publisher: Mercer University Press
ISBN: 0881461865
Category : Biography & Autobiography
Languages : en
Pages : 284
Book Description
Examines the political ideals of Thomas Jefferson, discussing his views on the rights of man and state's rights, and describing the political theory that guided Jefferson's decisions as the nation's third president.
A Theory of Constitutional Rights
Author: Robert Alexy
Publisher:
ISBN: 0199584230
Category : Law
Languages : en
Pages : 518
Book Description
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Publisher:
ISBN: 0199584230
Category : Law
Languages : en
Pages : 518
Book Description
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
A Theory of Freedom
Author: Philip Pettit
Publisher: John Wiley & Sons
ISBN: 0745668151
Category : Philosophy
Languages : en
Pages : 265
Book Description
This innovative approach to freedom starts from an account of what we mean by describing someone, in a psychological vein, as a free subject. Pettit develops an argument as to what it is that makes someone free in that basic sense; and then goes on to derive the implications of the approach for issues of freedom in political theory. Freedom in the subject is equated with the person's being fit to be held responsible and to be authorized as a partner in interaction. This book is unique among contemporary approaches - although it is true to the spirit of classical writers like Hobbes and Kant - in seeking a theory that applies to psychological issues of free agency and free will as well as to political issues in the theory of the free state and the free constitution. The driving thesis is that it is only by connecting up the different issues of freedom, psychological and political, that we can fully appreciate the nature of the questions involved, and the requirements for their resolution. The book does not not seek a comprehensive reach just for its own sake, but rather for the sake of the illumination it provides. A Theory of Freedom is a ground-breaking volume which will be of wide interest to scholars and students in political philosophy and political science.
Publisher: John Wiley & Sons
ISBN: 0745668151
Category : Philosophy
Languages : en
Pages : 265
Book Description
This innovative approach to freedom starts from an account of what we mean by describing someone, in a psychological vein, as a free subject. Pettit develops an argument as to what it is that makes someone free in that basic sense; and then goes on to derive the implications of the approach for issues of freedom in political theory. Freedom in the subject is equated with the person's being fit to be held responsible and to be authorized as a partner in interaction. This book is unique among contemporary approaches - although it is true to the spirit of classical writers like Hobbes and Kant - in seeking a theory that applies to psychological issues of free agency and free will as well as to political issues in the theory of the free state and the free constitution. The driving thesis is that it is only by connecting up the different issues of freedom, psychological and political, that we can fully appreciate the nature of the questions involved, and the requirements for their resolution. The book does not not seek a comprehensive reach just for its own sake, but rather for the sake of the illumination it provides. A Theory of Freedom is a ground-breaking volume which will be of wide interest to scholars and students in political philosophy and political science.