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Convention Constitutionalism
The European Court of Human Rights has been criticized for unduly interfering in democratic decision processes. Some argue that the unelected Strasbourg activists in robes should not interfere with democratic policy decisions that were made nationally. This inaugural lecture analyses this practice of rights-based judicial review by the Strasbourg Court. The first part presents a general legal-philosophical background. It explains that republicans, who emphasize the importance of the democratic way of self-governance, are in favour of weak forms of judicial review. Liberals, who prioritise the constitutionally protected fundamental rights, are in favour of strong judicial review. The second p...
The Ethical Dimensions of Global Development
As a broad concept, 'globalization' denotes the declining significance of national boundaries. At a deeper level, globalization is the proposition that nation-states are losing the power to control what occurs within their borders and that what transpires across borders is rising in relative significance. The Ethical Dimensions of Global Development: An Introduction, the fifth book in Rowman & Littlefield's Institute for Philosophy and Public Policy Studies series, discusses key questions concerning globalization and its implications, including: Can general ethical principles be brought to bear on questions of globalization? Do economic development and self-government require a duty of care? Is economic destiny crucial to individual autonomy? This collection provides readers with current information and useful insights into this complex topic.
Citizens' Rights and the Right to Be a Citizen
Ernst Hirsch Ballin discusses the significance of citizens’ rights against the backdrop of ongoing migration and urbanization in the beginning of the 21st century. The traditional view that each state has the sovereign power to give or withhold citizenship, puts the full enjoyment of human rights at risk whenever exclusion is based on differences in nationality. Citizens’ rights are the essential connecting link between human rights and life in a democratic society. Citizens have an individual right, as a citizen, to take part in the democratic process and in the structures of solidarity of the state where they are effectively at home. By recognizing everyone’s right to the citizenship...
Moral Issues in Global Perspective - Volume 1: Moral and Political Theory - Second Edition
Now available in three thematic volumes, the second edition of Moral Issues in Global Perspective is a collection of the newest and best articles on current moral issues by moral and political theorists from around the globe. Each volume seeks to challenge the standard approaches to morality and moral issues shaped by Western liberal theory and to extend the inquiry beyond the context of North America. Covering a broad range of issues and arguments, this collection includes critiques of traditional liberal accounts of rights, justice, and moral values, while raising questions about the treatment of disadvantaged groups within and across societies affected by globalization. Providing new pers...
How the World Turned into a Laboratory
This book provides a comprehensive history of the COVID-19 pandemic. At first glance, the pandemic struck as a natural disaster, with the sudden emergence of a virus as a major threat from outside. However, the pandemic has a history. SARS-COV-2 arrived in a world that was already very much focused on viruses, health, and longevity, and in which the fear of epidemics had already led to the mobilization of knowledge, technology, and a wide range of institutions to prepare us. The book develops the argument that these pre-existing structures and sensitivities have to a large extent determined the political and other reactions to the SARS-COV-2 virus and how the debates on the measures to halt its circulation have unfolded.
Wellbeing, Freedom and Social Justice
How do we evaluate ambiguous concepts such as wellbeing, freedom, and social justice? How do we develop policies that offer everyone the best chance to achieve what they want from life? The capability approach, a theoretical framework pioneered by the philosopher and economist Amartya Sen in the 1980s, has become an increasingly influential way to think about these issues. Wellbeing, Freedom and Social Justice: The Capability Approach Re-Examined is both an introduction to the capability approach and a thorough evaluation of the challenges and disputes that have engrossed the scholars who have developed it. Ingrid Robeyns offers her own illuminating and rigorously interdisciplinary interpret...
Selfless Intervention
This book discusses under what conditions states can take unilateral action to promote the interests of the international community. It puts forward an argument in favour of unilateral action in the common interest, but suggests a number of restraining techniques to limit its intrusiveness.
The Importance of Ideals
Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach.
The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
Rights, Groups, and Self-Invention
Group-differentiated rights, or rights that attach on the basis of membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern pluralistic legal systems. Eric Mitnick offers the first comprehensive treatment of this important form of right. The book describes and critically assesses the group-differentiated form of 'right' from within analytical, constitutive and liberal theory. It further examines the extent to which group-differentiated rights constitute aspects of human identity, and it asks whether this should be a cause for concern from the perspective of liberal theory. The more detailed normative work advanced in the book contextually applies the constitutive understanding of rights and the principles of liberal membership to particular examples of group-differentiated citizenship. Such examples range from ascriptive statuses such as slavery and alienage, to more affirmative classifications, such as those apparent in the contexts of civil unions and affirmative action, finally to the claims of religious and other cultural groups for official recognition and accommodation of group-based beliefs and practices.
