Rights and Reason


Book Description

The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.




Rights and Reason


Book Description

In "Rights and Reason", Jonathan Gorman sets discussion of the 'rights debate' within a wide-ranging philosophical and historical framework. Drawing on positions in epistemology, metaphysics and the theory of human nature as well as on the ideas of canonical thinkers, Gorman provides an introduction to the philosophy of rights that is firmly grounded in the history of philosophy as well as the concerns of contemporary political and legal philosophy. The book gives readers a clear sense that, just as there are arguments about the content of rights, and just as there are myriad claims to rights, so there are pluralities of theories of rights that offer some understanding of the moral and legal realm and of the place rights may hold within it. Gorman argues that in a pluralist context of inconsistent rights we require pragmatic procedures rather than universal principles of justice to resolve conflicting claims.




Reason in Law


Book Description

Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.




Animals, Rights, and Reason in Plutarch and Modern Ethics


Book Description

This volume is groundbreaking in examining Plutarch's views not only in the context of ancient philosophical and ethical thought, but also in its generally overlooked place in the history of speculation on human-animal relations




Natural Law and Human Rights


Book Description

This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.




The Rights of Reason


Book Description

Man, Kant claimed, is a 'being of needs' that are not met by nature as man's due but only through his own strenuous and imperfect efforts. This book is the first to examine Kant's understanding of the relation between man and nature as it bears on his theory of right. It sheds new and important light on Kant's politics and on his place in the history of liberal thought. Its sustained consideration of the theory of right also contributes to a newly integrated view of Kant's philosophy as a whole. The Rights of Reason proceeds from a discussion of Kant's pre-critical understanding to a consideration of the critiques of pure and practical reason. The final chapter, a selective commentary on Kant's Doctrine of Right, explores in detail the implications of his theory of right for his politics and theory of knowledge. Students of philosophy, political and social theorists, and those interested in the history of liberal thought in particular and intellectual history in general will welcome this thoughtful and significant examination of Kant's philosophy.




Reality, Reason, and Rights


Book Description

Tibor R. Machan, one of the most prolific and wide ranging philosophers of our time, has been known internationally for decades through his public speaking, opinion columns, and of course his scholarly writing. This collection of essays seeks to explore Machan's philosophical ideas by considering some of the basic issues with which he has been concerned throughout his long and highly productive career. The essays range from those concerned with the nature of reality and knowledge to those dealing with the nature of the political/legal order. Topics such as the character of human nature, free choice and responsibility, the justification of individual rights, and the place of justice in the contemporary welfare state--among other basic issues--are discussed in these essays. Because Machan himself dealt with questions of central importance, the essays should appeal to a wide range of interests and disciplines in philosophy and related fields. But the essays are also written by people accomplished in their own right and thus seek not only to comment on Machan, but to make their own contribution to enduring philosophical issues. The volume should be of value to both students and faculty alike.




Right and Reason; Ethics in Theory and Practice


Book Description

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.




Reason, Normativity and Law


Book Description

How should we act? How should the world be organised? This book offers answers to these questions by analysing Kant's conception of normativity. It presents different applications of Kant's theory of normativity to meta-ethical, moral, juridical and political issues of contemporary relevance.




Justice


Book Description

A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.