: Liberal rights theory can be used either to challenge or to support social hierarchies of power. Focusing on Ronald Dworkin's theory of rights and Catharine MacKinnon's feminist critique of liberalism, I identify a number of problems with the way that liberal theorists conceptualize rights. I argue that rights can be used to chal-lenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations (...) of power. (shrink)

A Millian response is presented to Sen's celebrated Paretian liberal impossibility theorem. It is argued that Millian Paretian liberalism is possible, if the application of Paretian norms is restricted to the selection of an optimal code of liberal justice and rights, as well as to individual choices made in compliance with the rules of the code. Key steps in outlining the Millian response include suitably modifying Sen's social choice formulation of the idea of claim-right to personal liberty, (...) and incorporating within social choice theory the distinction between a right and its direction of exercise. The Millian response is illustrated in the context of Sen's original example of the ‘prude’ and the ‘lewd’. If the argument is successful, coherent and appealing liberal versions of Pareto-inclusive philosophies such as utilitarianism, contractualism and neo-republicanism are feasible in principle. (Published Online February 16 2006). (shrink)

In this book, Christopher Heath Wellman offers original theories of political legitimacy and our obligation to obey the law, and then, building upon these accounts, defends a number of distinctive positions concerning the rights and responsibilities individual citizens, separatist groups, and political states have regarding one another.

This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there (...) can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools . For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property. (shrink)

Many liberals cannot help distrusting deliberative democracy theory. In their view, the theory offers no sufficient guarantee that the outcomes of democratic deliberation will be respectful of individual interests generating what they conceive as basic moral rights. The purpose of this text is to provide one argument showing that liberal rights are sufficiently protected within deliberative democracy theory. The argument does not rest on the idea of moral rights or material justice. It rests (...) on the conditions of legitimate law deliberative democracy theory presupposes, namely, the conditions that make concrete the idea of legitimacy as “actual public justification.”. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable (...) rights. Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are (...) often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics? (shrink)

This article argues that liberal arguments for human rights minimalism, such as those of John Rawls and Michael Ignatieff, contain fundamental inconsistencies in their treatment of core rights to life and liberty. Insofar as their versions of minimalism foreground rights to physical security and basic freedom of movement, they cannot coherently exclude certain social and economic protections and liberties that directly support or are even partly constitutive of these rights. Nor do they have good grounds (...) for putting the social and private realms wholly beyond the purview of international law. “New” human rights that represent an expansion of civil rights in particular beyond the classic conception to encompass, for example, the right to freedom from sexual and gender-based violence, illustrate especially well the extent to which civil, social, and economic rights violations, and their remedies, are deeply interwoven. These emergent rights also directly challenge the dichotomy between public/political and private/social realms, and the corollary assumption that human rights violations occur mainly or exclusively in the former sphere. While the concerns that motivate arguments for human rights minimalism — considerations of pluralism and prudence — are legitimate, proponents would do best to reconsider the multiple roles that human rights in fact play, in spite of their essentially contested status. (shrink)

Journal of Social Philosophy, EarlyView.

This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the (...) centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one's person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice. (shrink)

In this work, originally published in 1986, Victor Seidler explores the different notions of respect, equality and dependency in Kant’s moral writings. He illuminates central tensions and contradictions not only within Kant’s moral philosophy, but within the thinking and feeling about human dignity and social inequality which we take very much for granted within a liberal moral culture. In challenging our assumption of the autonomy of morality, Seidler also questions our understanding of what it means for someone to live (...) as a person in his or her own right. The autonomy of individuals cannot be assumed but has to be reasserted against relationships of subordination. This involves a break with a rationalist morality, so that respect for others involves respect for emotions, feelings, desires and needs, and establishes a fuller autonomy as a basis for freedom and justice. (shrink)

In their perceptive critiques of my recent book on Multicultural Citizenship, Iris Young, Joseph Carens, Bhikhu Parekh and Rainer Forst raise a number of interesting and important issues. In this short response to their critiques, I focus on two of them. First, whereas I tried to draw a sharp distinction between immigrants and national minorities, my critics argue that we should think of ethnocultural groups on a more fluid continuum. Second, whereas I tried to ground a theory of minority (...) rights on specifically liberal principles, my critics argue that such an approach is unduly intolerant of non‐liberal ethnocultural groups. In response to these challenging questions, I try to both clarify and strengthen the positions I outlined in my book. (shrink)

This essay tackles the question of whether liberal political theory can remain neutral and grant minority cultural rights. It is argued that although consequentialist neutrality is impossible to implement, justificatory neutrality does allow certain benefits to be guaranteed to minorities as rights ? although not as many as most multiculturalists demand. Particular attention is paid to the demands of minority members of exemptions from general laws. The article gives examples of how and why certain exemptions or (...) revisions of general laws are not only permissible but also required from a liberal point of view. (shrink)

Moving beyond theory to the practical aspects of applied ethics, this pragmatic volume provides much-needed perspective on the realities and responsibilities of the human-animal relationship.

Michel Seymour fills an important gap in Rawlsian theory. In fact, his Rawls inspired normative theory of collective rights is unprecedented. Likewise, his ideal theory of a primary right to internal self-determination (ISD) is a welcome contribution to the issue of collective rights. That said, his non-ideal theory – a remedial right only to secession – seems rather toothless in cases of noncompliance. In particular, Seymour leaves us with no guidance in the case of (...) transition countries and situations of tension where we need to know whether the ISD of the minority (the stateless) people is enabling or disabling for the ISD of the majority (the state owning) people. The paper concludes that borrowing from Aristotle, as Rawls does, offers more in the way of guidance when it comes to these issues. (shrink)

Animal rights and moral theories -- Arguing for one's species -- Utilitarianism and animals : Peter Singer's case for animal liberation -- Tom Regan : animal rights as natural rights -- Virtue ethics and animals -- Contractarianism and animal rights -- Animal minds.

One way to characterise the difference between analytic and Continental political philosophy concerns the different roles played by normative and descriptive analysis in each case. This article argues that, even though Michel Foucault’s genealogy of liberal and neoliberal governmentality and John Rawls’s political liberalism involve different articulations of normative and descriptive concerns, they are complementary rather than antithetical to one another. The argument is developed in three stages: first, by suggesting that Foucault offers a way to conceive of public (...) reason as a historical phenomenon. Second, it is suggested that both Rawls and Foucault allow us to consider rights as historical and particular rather than a-historical and universal. Third, it is argued that Foucault’s genealogy of modern liberal government illuminates some of the tensions and some of the alternatives within the liberal tradition in relation to the concept of political legitimacy. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that (...) legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)

The idea of human rights gained prominence at a time when the rising bourgeoisie viewed the state as the main obstacle to commercial expansion, private property as the major protection against dependency, and material scarcity as an indelible condition of society. As moral concepts are largely shaped by the social forces that call them into being, it is not surprising that the very language of rights was early tailored to suit the needs of an expanding, acquisitive, increasingly powerful (...) segment of society. (shrink)

Critical Theory and Animal Liberation is the first collection to look at the human relationship with animals from the critical or 'left' tradition in political and social thought. The contributions in this volume highlight connections between our everyday treatment of animals and other forms of oppression, violence, and domination. Breaking with past treatments that have framed the problem as one of 'animal rights,' the authors instead depict the exploitation and killing of other animals as a political question of (...) the first order. (shrink)

The theory and practice of liberalism has historically justified the dispossession of non-European peoples through the ideological deployment of individual rights—private property being the most prominent. Rather than discarding rights language altogether owing to its colonialist background, the theological option for the poor in the postconciliar Church of Latin America establishes a criterion of authenticity that contributes to its prophetic renewal. The methodological turn toward the poor evident in the liberation theology of Ignacio Ellacuría can wrest (...) class='Hi'>rights from its crippling association with political, economic, and cultural forms of liberal domination as seen in the Americas. Latin American theologians provide historical and constructive resources for demythologizing the sacred right to private property in liberalism’s neocolonial present and historical past, as typified by John Locke. Specifically, the theme of integral liberation outlines the material, social, and transcendent dimensions of justice for the dispossessed as an ecclesial alternative to liberal individualism. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. (...) This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

Kant’s practical philosophy, Rawls’s theory of justice and contemporary human rights thinking are landmarks in liberal discussions of justice. Each forms part of a powerful tradition of political thought, and although their substantive accounts of justice diverge at many points, they also overlap in substantial ways. This article focuses not on their substantive claims about justice, or about other ethical standards, but on their differing views of thequestionsto be addressed, on their proposedjustificationsfor standards of justice, and on (...) a limited range of questions aboutinterpretingandinstitutionalizingthose standards. (shrink)

It has become a commonplace in neo-republican thinking to claim that if the notion of rights can be allowed a place in republican political theory, it can never achieve the prominence that liberalism allegedly grants it. Philip Pettit’s book, Republicanism, provides several arguments to buttress this thesis. This article aims at examining these arguments in order to show that once properly stated, they must on the contrary be considered as powerful arguments to the effect that republicans take (...) class='Hi'>rights very seriously. (shrink)

In Frontiers of Justice, Martha Nussbaum applies the “Capabilities Approach,” which she calls “one species of a human rights approach,” to justice issues that have in her view been inadequately addressed in liberal political theory. These issues include rights of the disabled, rights that transcend national borders, and animal rights issues. She demonstrates the weakness of Rawlsianism, contractualism in general, and much of the Kantian tradition in moral philosophy and shows the need to move (...) beyond the limitations of narrow rationalism, nationalism, and speciesism. Nevertheless, Nussbaum fails to elaborate adequately the grounds for her own capabilities position or to face fundamental theoretical questions about the nature and implications of that position. (shrink)

The language of rights is increasingly used to regulate access to health care and allocation of resources in the health care field. The right to health has been grounded on different theories of justice. Scholars within the liberal tradition have grounded the right to health care on Rawls's two principles of justice. Thus, the right to health care has been justified as being one of the basic liberties, as enabling equality of opportunity, or as being justified by the (...) maximin principle. In this article, Filc analyzes—from a radical egalitarian standpoint—the limitations of the different attempts to ground an equal right to health on Rawls's theory of justice and offers a first approximation to a radical egalitarian formulation of the right to health. (shrink)

The language of rights is increasingly used to regulate access to health care and allocation of resources in the health care field. The right to health has been grounded on different theories of justice. Scholars within the liberal tradition have grounded the right to health care on Rawls's two principles of justice. Thus, the right to health care has been justified as being one of the basic liberties, as enabling equality of opportunity, or as being justified by the (...) maximin principle. In this article, Filc analyzes—from a radical egalitarian standpoint—the limitations of the different attempts to ground an equal right to health on Rawls's theory of justice and offers a first approximation to a radical egalitarian formulation of the right to health. (shrink)

This paper considers two differenttones of voice in philosophy and theology (‘liberal pluralism’ in contrast to ‘radical orthodoxy’) and relates it to a discussion about the theology of religions. ‘Tone of voice’ in this context is intended to denote the affective potency (or not) of a theological perspective as it impacts and influences religious attitudes. In addition, at a related level, ‘tone of voice’ is used when speaking of first-order or second-order perspectives: for example, a first-orderconfessional tone in contrast (...) to a second-ordernotional tone. The paper proceeds to critically engage with John Hick’s pluralism and John Milbank’s Radical Orthodoxy particularly from the point of view of considering thetone adopted by both perspectives. The conclusion is that both views are inadequate: Hick’s pluralism—as a second-order meta-theory—lacks the first-order power that is needed to affect ‘hearts and minds’, Milbank’s Radical Orthodoxy has rhetorical power but is an ‘unfounded’ narrative which lacks the ability to rationally engage with thereal world. In the end, the suggestion is that the ‘right tone of voice’, in a religious context, ought to combine a realistic enquiry concerning the order-of-things with a first-order rhetorical strength. (shrink)

In Beyond Nature Maurizi tackles the animal question from an unprecedented perspective: strongly criticizing the abstract moralism that has always characterized animal rights activism, the author proposes a historical-materialistic analysis of the relationship between humans and non-humans. By contrasting the thinking of Hegel, Marx and the Frankfurt School with classical authors in the field of animal rights (such as Singer, Regan, and Francione) this text offers an alternative, social and dialectical theory of animality and a different practical (...) approach to the problem of animal suffering. The hopes for change placed in veganism, liberationism and animal activism are here assumed in a political, revolutionary perspective, in which human and animal liberation finally cease to oppose each other. (shrink)

In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, (...) the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights. (shrink)

"Is higher education a right, or a privilege? This author argues that all citizens in a free and open society should have an unconditional right to higher education. Such an education should be costless for the individual and open to everyone regardless of talent. A readiness and willingness to learn should be the only qualification. It should offer opportunities that benefit citizens with different interests and goals in life. And it should aim, as its foundational moral purpose, to help citizens (...) from all walks of life live better, freer lives. Using concepts and ideas from liberal political philosophy the author argues that access to educational goods and services is something to which all citizens have a right over a full life. Such goods, it is argued, play a key role in helping citizens realize self-determined goals. Higher education should therefore be understood a basic social institution responsible for ensuring that all citizens can access such 'autonomy-supporting' goods. The book examines the implication of this justification of the right to higher education for questions of educational justice, political authority, distributive justice, civic education, and personal autonomy"--. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

Covenantal Rights is a groundbreaking work of political theory: a comprehensive, philosophically sophisticated attempt to bring insights from the Jewish political tradition into current political and legal debates about rights and to bring rights discourse more fully into Jewish thought. David Novak pursues these aims by presenting a theory of rights founded on the covenant between God and the Jewish people as that covenant is constituted by Scripture and the rabbinic tradition. In doing so, (...) he presents a powerful challenge to prevailing liberal and conservative positions on rights and duties and opens a new chapter in contemporary Jewish political thinking.For Novak, "covenantal rights" are rooted in God's primary rights as creator of the universe and as the elector of a particular community whose members relate to this God as their sovereign. The subsequent rights of individuals and communities flow from God's covenantal promises, which function as irrevocable entitlements. This presents a sharp contrast to the liberal tradition, in which rights flow above all from individuals. It also challenges the conservative idea that duties can take precedence over rights, since Novak argues that there are no covenantal duties that are not backed by correlative rights. Novak explains carefully and clearly how this theory of covenantal rights fits into Jewish tradition and applies to the relationships among God, the covenanted community, and individuals. This work is a profound and provocative contribution to contemporary religious and political theory. (shrink)

In left critiques of globalization, it is often argued thatliberal-egalitarian principles are inadequate for thinking about andstruggling for global justice; that they are, in fact, part of the problem.For the case of identity politics as a left alternative, the paper pointsat two fallacies in this notion, regarding two ‘liberal’ elements:individualism and universalism. The paper examines groupidentityclaims in far right conceptions of global injustice, and showsthat cultural diversity of groups does not necessitate or even favourequality and democratic participation. It then (...) examines the leftgroup-based claims in the global justice discourse, showing that theaspirations for equality and freedom assume the liberal notions thathave been often rejected as inadequate. The paper concludes thatthis ambivalent position undermines the democratic and egalitarianaspirations of left critiques of the global order. The analysis is basedon manifestos and publications of political parties and movements inWestern Europe. (shrink)