A Political Theory Of Rights

This book provides a comprehensive introduction to contemporary thought about rights. It examines what it is to have a right and what is distinctive about political moralities that give a fundamental place to rights. The varied grounds and implications of claiming rights to liberties, socio-economic rights and democratic rights are considered and the book concludes with an examination of the theoretical objections and the practical difficulties that proponents of rights have to confront.

This book provides a complete overview of the Founders' natural rights theory and its policy implications.

Rights are the basic building blocks of every liberal state. This book addresses fundamental questions about them. What are they? How can they be justified? What role should they play in political life? By offering new and cogent answers to these questions, the book aims to provide a firm foundation for notions such as human rights.

This is a systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Simmons refers extensively to Locke's published and unpublished works.

Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.

This 2001 book focuses on the problem of justice for indigenous peoples and the ways in which this poses key questions for political theory: the nature of sovereignty, the grounds of national identity and the limits of democratic theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonization in these countries nevertheless raise common problems and questions for political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the 'decolonisation' of relations between indigenous and non-indigenous peoples.

Radically rethinks the relationship between liberty and democracy, and identifies the concept of rights as a threat to democratic debate.

Examines the gender and class foundations of the modern understanding of freedom.

Disputes over language policy are a persistent feature of the political life of many states around the world. Multilingual countries in the West such as Belgium, Spain, Switzerland and Canada have long histories of conflict over language rights. In many countries in Eastern Europe and the Third World, efforts to construct common institutions and a shared identity have been severely complicated by linguistic diversity. Indigenous languages around the world are in danger of disappearing. Even in the United States, where English is widely accepted as the language of public life, the linguistic rights of Spanish-speakers are hotly-contested. Not surprisingly, therefore, political theorists have started to examine questions of language policy, and how they relate to broader issues of democracy, justice and rights. This volume provides the reader with an up-to-date overview of the emerging debates over the role of language rights and linguistic diversity within political theory. It brings together many of the leading political theorists who work in the field, together with some of the most important social scientists, with the aim of exploring how political theorists can conceptualize issues of language rights and contribute to public debates on language policy. Questions of language policy are not only of enormous political importance in many countries, but also help to illuminate some of the most important debates in contemporary political theory, including questions of citizenship, deliberative democracy, nationalism, multiculturalism, identity politics, group rights, the liberal-communitarian debate, and so on. The thirteen essays in this volume highlight both the empirical constraints and normative complexities of language policy, and identify the important challenges and opportunities that linguistic diversity raises for contemporary political theory.

In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.