Moral Rights And Political Freedom

Seeking a way out of today's bewildering rush of rights claims, Tara Smith's Moral Rights and Political Freedom offers a systematic account of the nature and foundations of rights. The book carefully elucidates what political freedom is and demonstrates why it should be protected by rights. Smith's thesis is that rights are teleological: respect for freedom is necessary for individuals' flourishing or eudaimonia. Smith illustrates how many alleged rights would actually undermine that objective. Her decisive refutation of the assumption that conflicts between rights are inevitable—demonstrating how such conflicts are theoretically incoherent and practically self-defeating—should go a long way toward resolving many contemporary disputes about rights.

"Morality of Freedom" is the winner of the W J M Mackenzie Prize of the Political Studies Association for 1987.

This book examines the underlying theoretical issues concerning the nature of political freedom. Arguing that most previous discussions of such freedom have been too narrowly focused, it explores both conservativism from Edmund Burke to its present resurgence, the radical tradition of Karl Marx, as well as the orthodox liberal model of freedom of John Locke, John Stuart Mill and Isaiah Berlin. Political Freedom argues that these three accounts of political freedom - conservative, liberal and radical - all have internal weaknesses which render them unsatisfactory. In the second part of the book George Brenkert develops an alternative theory of political freedom. Using the guiding concept of empowerment, his model explores individual rights, democratic participation in government and workplace, and the need to provide the material and educational resources to allow individuals to effectively exercise their rights to self-determination. It is a clear and bold attack on the view that there is no link between freedom and power.

Part I - Rights

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first—the value view of rights—argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons’ rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.

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.

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

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

The Community of Rights provides a detailed explication of the fundamental rights of agency as derived from a single rationally justified principle of morality and develops the contents of economic and social rights as a basic part of human rights. A critical alternative to both "liberal" and "communitarian" views, this authoritative work will command the attention of anyone engaged in the debate over social and economic justice.

Today Issues in Contemporary Social Philosophy Thirty-two essayists provide scholarly insight and opportunities for constructive dialogue on social philosophical theory regarding freedom, equality, and social change. SSPT 3*] $99.95 350pp. 1989