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What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
With a complete, approachable presentation, CRITICAL THINKING: THE ART OF ARGUMENT, 2nd Edition, is an accessible yet rigorous introduction to critical thinking. The text emphasizes immediate application of critical thinking in everyday life and helps students apply the skills they are studying. The relevance of these skills is shown throughout the text by highlighting the advantages of basing one's decisions on a thoughtful understanding of arguments and presenting the overarching commonalities across arguments. With its conversational writing style and carefully selected examples, the book employs a consistent and unified treatment of logical form and an innovative semiformal method of standardizing arguments that illustrates the concept of logical form while maintaining a visible connection to ordinary speech. Without sacrificing accuracy or detail, the authors clearly present the material, with appropriate study tools and exercises that emphasize application rather than memorization. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
The bestselling and field-defining textbook which has introduced generations of students to the field of practical ethics, now in a new fully-revised fifth edition For more than twenty years, Ethics in Practice has paved the way for students to confront the difficult ethical questions they will, must, or do already face. Accessible to introductory students yet sufficiently rigorous for those pursuing advanced study, this celebrated collection encourages and guides readers to explore ethical dimensions of important, controversial topics such as euthanasia, environmental action, economic injustice, discrimination, incarceration, abortion, and torture. In combining new and revised modern texts ...
Alcoholism, major depression, debilitating shyness or extreme anxiety may all lead to personal failings and even moral wrongdoing that we can neither explain nor ignore. How are we to deal with these failings in our own pasts? How should we think about 'agency' or responsibility in other people who suffer from such difficulties? What does morality require of us in living with these people? In this original and eloquent work, Norman S. Care addresses these questions from both theoretical and personal perspectives, just as John Rawls's A Theory of Justice offered a set of principles by which the members of a society might reconcile themselves to their own and others' failings. Along the way, C...
This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure p...
A thoroughly updated second edition that is an accessible introduction to the history, logic, moral implications and political tendencies of the idea of rights.
The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.
The Limits of Medical Paternalism defines and morally assesses paternalistic interventions, especially in the context of modern medicine and health care, particular emphasis is given to the analysis of the conceptual background of the paternalism issue. In this book an anti-paternalistic view is presented and defended.
A practical introduction to critical thinking across various disciplines Knowing how to think critically about what to believe and what to do is essential for success in both academic and professional environments. A Practical Guide to Critical Thinking introduces readers to the concepts, methods, and standards for thinking critically about reasons and arguments in virtually any area of practice. While most literature on critical thinking focuses on its formal applications within philosophy, this book offers a broad conception of critical thinking and explores its practical relevance to conducting research across a wide variety of disciplines, including business, education, and the biologica...