Equality, Rights and the Autonomous Self

Equality, Rights and the Autonomous Self PDF Author: Timothy P. Roth
Publisher: Edward Elgar Publishing
ISBN: 9781781957639
Category : Conservatism
Languages : en
Pages : 168

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Book Description

Equality, Rights and the Autonomous Self

Equality, Rights and the Autonomous Self PDF Author: Timothy P. Roth
Publisher: Edward Elgar Publishing
ISBN: 9781781957639
Category : Conservatism
Languages : en
Pages : 168

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Book Description


Equality, Rights and the Autonomous Self

Equality, Rights and the Autonomous Self PDF Author: Timothy P. Roth
Publisher: Edward Elgar Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 184

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Book Description
Modern liberalism asserts the transcendental, autonomous self's 'natural rights' against others' moralistic and political preferences, and regards the economist's utilitarian social welfare theory as instrumental to the achievement of 'social justice'. Timothy Roth argues that the liberal enterprise ignores Kant's 'two points of view', confuses Kantian autonomy with moral and political license, mistakes utilitarian impersonality for impartiality, and takes no account of the indeterminacy of social welfare theory's fundamental theoretical constructs. In contrast, the author shows that Kant's 'two points of view' inform the conservative's constitutive political position and animate the consequence-detached, explicitly normative work of the conservative, constitutional political economist. He shows that, unlike modern liberalism, conservatism is grounded in Kant's 'two points of view', that utilitarian social welfare theory cannot be instrumental to the achievement of social justice, and that constitutional political economy is conservative economics. Economists interested in political economy, methodological issues, social welfare theory, public choice theory, or the moral foundations of economics will find much of interest in this thought-provoking volume. Political scientists interested in the philosophical foundations of modern liberalism and conservatism will also want to add this title to their library.

Personal Freedom through Human Rights Law?

Personal Freedom through Human Rights Law? PDF Author: Jill Marshall
Publisher: BRILL
ISBN: 9047412087
Category : Law
Languages : en
Pages : 244

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Book Description
Article 8 of the European Convention on Human Rights provides a right to respect for one’s private life. The European Court of Human Rights has interpreted this provision broadly to include a right to personal autonomy, identity and integrity. The book examines these concepts by interconnecting case law from the Court with the philosophical debates, including those in feminism, in four parts: (1) personal freedom and human rights law (2) privacy and personal autonomy (3) personal identity (4) bodily and moral integrity. The author notes, through her analysis of the Court’s case law, that different versions of freedom are evident in the jurisprudence, including one which may restrict human freedom rather than enhance it through human rights law. This book will be invaluable to scholars of the Court, human rights and issues of the self.

Law's Relations

Law's Relations PDF Author: Jennifer Nedelsky
Publisher: OUP USA
ISBN: 0195147960
Category : Law
Languages : en
Pages : 559

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Book Description
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.

Militant Democracy

Militant Democracy PDF Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271

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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

The Right to Self-determination

The Right to Self-determination PDF Author: Aureliu Cristescu
Publisher: New York : United Nations
ISBN:
Category : Political Science
Languages : en
Pages : 142

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Book Description


Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 201

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Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

A Theory of Justice

A Theory of Justice PDF Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624

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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.

Relational Autonomy

Relational Autonomy PDF Author: Catriona Mackenzie
Publisher: Oxford University Press
ISBN: 0195352602
Category : Philosophy
Languages : en
Pages : 327

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Book Description
This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the imagination.

Democratic Equality

Democratic Equality PDF Author: James Lindley Wilson
Publisher: Princeton University Press
ISBN: 0691190917
Category : Philosophy
Languages : en
Pages : 319

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Book Description
Showing how equality of authority is essential to relating equally as citizens, the author explains why the U.S. Senate and Electoral College are urgently in need of reform, why proportional representation is not a universal requirement of democracy, how to identify racial vote dilution and gerrymandering in electoral districting, how to respond to threats to democracy posed by wealth inequality, and how judicial review could be more compatible with the democratic ideal.