Since the seventeenth century, concern in the Western world for the welfare of the individual has been articulated philosophically most often as a concern for his rights. The modern conception of indi
Since the seventeenth century, concern in the Western world for the welfare of the individual has been articulated philosophically most often as a concern for his rights. The modern conception of indi
Charting the history of contemporary philosophical and religious beliefs regarding nature, Roderick Nash focuses primarily on changing attitudes toward nature in the United States. His work is
Written by leading authorities in history, philosophy, jurisprudence and political theory, the essays in this volume provide insights into the variable and changing contents of the rights thinking and consciousness that lie at the core of American political culture and shape its central political institutions. Based on the current state of scholarly understanding and intended to provide a fresh sense of orientation into the complexities of the separate topics covered, the studies focus on two distinct 'moments' in the American experience: the eighteenth-century period of founding that produced the Bill of Rights as an element in the Constitutional settlement, and the contemporary moment, marked by a new historical consciousness of the difficulties of interpreting rights in changing contexts and thus by the continuing search for a properly grounded philosophical jurisprudence adequate to meet the ethical, social, and political conflicts of the present.
This timely book by internationally regarded scholar of ethics and social/political philosophy, Michael Boylan, focuses on the history, application and significance of human rights in the West and China. Boylan engages the key current philosophical debates prevalent in human rights discourse today and draws them together to argue for the existence of natural, universal human rights. Arguing against the grain of mainstream philosophical beliefs, Boylan asserts that there is continuity between human rights and natural law and that human beings require basic, essential goods for minimum action. These include food, clean water and sanitation, clothing, shelter and protection from bodily harm, including basic healthcare. The achievement of this goal, Boylan demonstrates, will require significant resource allocation and creative methods of implementation involving public and private institutions. Combining technical argument with four fictional narratives about human rights, the book invites
This timely book by internationally regarded scholar of ethics and social/political philosophy, Michael Boylan, focuses on the history, application and significance of human rights in the West and China. Boylan engages the key current philosophical debates prevalent in human rights discourse today and draws them together to argue for the existence of natural, universal human rights. Arguing against the grain of mainstream philosophical beliefs, Boylan asserts that there is continuity between human rights and natural law and that human beings require basic, essential goods for minimum action. These include food, clean water and sanitation, clothing, shelter and protection from bodily harm, including basic healthcare. The achievement of this goal, Boylan demonstrates, will require significant resource allocation and creative methods of implementation involving public and private institutions. Combining technical argument with four fictional narratives about human rights, the book invites
The UN Convention on the Rights of the Child is the most widely ratified human rights treaty in the world, yet everyday children still face poverty, violence, war, disease and disaster. Are the rights we currently afford to children enough? Combining historical analysis with international human rights law, Michael Freeman considers early legal and philosophical theories on children's rights before exploring the impact and limitations of the Convention itself. He also suggests ways that we may rethink children's rights in the future as well as identifying key areas for reform. This book will appeal to an interdisciplinary audience who are interested in children's rights, children's studies, the history of childhood, international human rights, and comparative family law. It is a crucial restatement of the importance of law, policy and rights in improving children's lives.
The UN Convention on the Rights of the Child is the most widely ratified human rights treaty in the world, yet everyday children still face poverty, violence, war, disease and disaster. Are the rights we currently afford to children enough? Combining historical analysis with international human rights law, Michael Freeman considers early legal and philosophical theories on children's rights before exploring the impact and limitations of the Convention itself. He also suggests ways that we may rethink children's rights in the future as well as identifying key areas for reform. This book will appeal to an interdisciplinary audience who are interested in children's rights, children's studies, the history of childhood, international human rights, and comparative family law. It is a crucial restatement of the importance of law, policy and rights in improving children's lives.
What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.
What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.
John Arthur philosophically addresses the problems of racism and the legacy of past racial discrimination in the United States. Offering a thorough analysis of the concepts of race and racism, Arthur also discusses racial equality, poverty and race, reparations and affirmative action, and merit in ways that cut across the usual political lines. A philosopher, former civil-rights plaintiff and professor at an historically black college in the South, Arthur draws on both his personal experiences as well as his rigorous philosophical training in this account. His conclusions about the meaning of merit, the defects of affirmative action, the importance of apology, and the need for true equality deal productively with one of America's most vexing problems. His book is also relevant to any society struggling with racial differences and past injustices.
John Arthur philosophically addresses the problems of racism and the legacy of past racial discrimination in the United States. Offering a thorough analysis of the concepts of race and racism, Arthur also discusses racial equality, poverty and race, reparations and affirmative action, and merit in ways that cut across the usual political lines. A philosopher, former civil-rights plaintiff and professor at an historically black college in the South, Arthur draws on both his personal experiences as well as his rigorous philosophical training in this account. His conclusions about the meaning of merit, the defects of affirmative action, the importance of apology, and the need for true equality deal productively with one of America's most vexing problems. His book is also relevant to any society struggling with racial differences and past injustices.
Virtually all known human groups have devised and regularly used techniques for altering consciousness, among which alcohol and drugs are prominent. James B. Bakalar and Lester Grinspoon offer a provocative analysis of the philosophical and historical foundations for efforts to control these techniques in industrial societies. What are the rights of individuals to diversity and enrich their experience? What, conversely, are the obligations of governments to protect their citizens? The authors explore the relevance to drug control of traditional doctrines of political liberty. They discuss the ideas of addiction, dependence, and compulsive drug use, central in both medical and legal definitions of drug abuse. They consider the history and sociology of modern drug control, and go on to present a useful typology of the forms of drug control. After assessing each point, they examine alternative ways of looking at what is usually called the drug problem. The book will be of interest to all
In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, and the foundations of modern political organization. This volume offers a complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context.
In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, and the foundations of modern political organization. This volume offers a complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context.
This book is full of stories highlighting how philosophy over the ages has impacted the way we think and behave today. Travel down the road of wisdom to discover how philosophers have puzzled over the meaning of life, the human experience, and existence itself. Why is philosophy important? What's so great about it? Take a leap into the world of philosophy and have all your questions answered while discovering the unexpectedly interesting history of philosophy and its many schools of thought. Philosophical ideas affect our day-to-day lives in ways that you might not expect. But understanding these ideas can be daunting--even for adults! If you want to learn how to improve your thinking, make Aristotelian friends, visit Plato in his famous cave, or discuss women's rights with Mary Wollstonecraft, What's the Point of Philosophy? is the place to start. By telling interesting stories to unpack complex theories, What's the Point of Philosophy? allows you to connect with philosophers of the p
How should the international community react when a government transgresses humanitarian norms and violates the human rights of its own nationals? And where does the responsibility lie to protect people from such acts of violation? In this profound study, Fabian Klose unites a team of leading scholars to investigate some of the most complex and controversial debates regarding the legitimacy of protecting humanitarian norms and universal human rights by non-violent and violent means. Charting the development of humanitarian intervention from its origins in the nineteenth century through to the present day, the book surveys the philosophical and legal rationales of enforcing humanitarian norms by military means, and how attitudes to military intervention on humanitarian grounds have changed over the course of three centuries. Drawing from a wide range of disciplines, the authors lend a fresh perspective to contemporary dilemmas using case studies from Europe, the United States, Africa an
A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.
L. T. Hobhouse's Liberalism (1911), which has acquired the status of a modern classic, is the most enduring statement of the political principles which animated British liberal social reformers in the early years of the twentieth century. While written in a popular style, it is actually a theoretical work of some subtlety, combining an historical analysis of the evolution of liberal doctrine with a philosophical discussion of the character of liberal belief, and proposing a reformulation of liberalism which emphasises community, individual welfare rights, and an activist state. This 1994 edition of the work includes a number of his other writings from the same period, and will be of interest to a broad range of students and scholars in politics and the history of political thought.
