Jump to ContentJump to Main Navigation

You are looking at 1-20 of 29 items

  • Keywords: Jeremy Waldron x
Clear All Modify Search

View:

Restitution and Inheritance

Daniel Butt

in Rectifying International Injustice: Principles of Compensation and Restitution Between Nations

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199218240
eISBN:
9780191711589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218240.003.0005
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter focuses on the claim that present day parties have inherited entitlements to property which, owing to historic injustice, is currently in the possession of others. Those who advocate ... More


We the People

Iain Mclean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0015
Subject:
Political Science, Comparative Politics, UK Politics

Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty—but that must entail an elected Parliament. The case for counter‐majoritarianism. ... More


Authority and Authorship

Andrei Marmor

in Positive Law and Objective Values

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198268970
eISBN:
9780191713187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268970.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the essential relationship between authority and authorship and suggests that there is no authority without authorship. It argues that legal authority must be attributable to ... More


Justifying the Judicial Review of Fundamental Rights

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0005
Subject:
Law, Human Rights and Immigration

Given the complexity of the judgment concerning the unconditional obligations upon a society to realise fundamental rights, it becomes of importance to understand who within a society is tasked with ... More


What Should We Do about Torture?

James Griffin

in Ethics and Humanity: Themes from the Philosophy of Jonathan Glover

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195325195
eISBN:
9780199776412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195325195.003.0001
Subject:
Philosophy, Moral Philosophy, General

This chapter attempts to clarify the claim that there should be an absolute prohibition against torture. To clarify the claim, it is important to have a clear understanding of what we mean by ... More


Law vs. democracy?

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0008
Subject:
Law, Philosophy of Law

Together with Chapter 8, this chapter applies the dispute-resolution account of law to the countermajoritarian difficulty—the apparent tension between democratic government and judicially interpreted ... More


The Benefit of Another's Pains: Original Acquisition and Parasitic Action

Gijs van Donselaar

in The Right to Exploit: Parasitism, Scarcity, and Basic Income

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195140392
eISBN:
9780199871483
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195140392.003.0003
Subject:
Philosophy, Moral Philosophy

David Gauthier's “Lockean proviso” implied the prohibition of parasitic actions—actions that improve one's position through the worsening of the position of someone else. This chapter tests the ... More


Hospitality, Sovereignty, and Democratic Iterations

Seyla Benhabib

in Another Cosmopolitanism

Published in print:
2006
Published Online:
October 2011
ISBN:
9780195183221
eISBN:
9780199851041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183221.003.0007
Subject:
Philosophy, Political Philosophy

At the center of much of this chapter's disagreement with Jeremy Waldron is interpreting Immanuel Kant's doctrine of jus cosmopoliticum, which can be rendered into English as “cosmopolitan right” or ... More


Hegel's Justification of Private Property

Alan Patten

in Hegel's Idea of Freedom

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199251568
eISBN:
9780191598180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251568.003.0005
Subject:
Philosophy, History of Philosophy

Hegel subscribes to the view that the justification of private property is in some way grounded in the value of individual freedom. The chapter reconstructs Hegel's understanding of, and reasons for ... More


The Limits of Process

Robin West

in Getting to the Rule of Law: NOMOS L

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814728437
eISBN:
9780814728789
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814728437.003.0002
Subject:
Political Science, Political Theory

This chapter discusses how there is some significance in expanding the rule of law to include a procedural dimension, particularly given contemporary national, global, and political realities. Due to ... More


Response

Ronald Dworkin

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0013
Subject:
Law, Philosophy of Law

This chapter is comprised of Ronald Dworkin's responses to the other essays in the volume. He focuses his attention on those that challenge views that he has defended. His responses are in each ... More


Democratic Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0010
Subject:
Philosophy, Political Philosophy

This chapter contrasts his consequentialist account of democratic rights with prominent nonconsequentialist accounts, including those of Rawls, Habermas, Barry, and Waldron. He explains why majority ... More


Against the Democratic Objection

Dimitrios Kyritsis

in Where Our Protection Lies: Separation of Powers and Constitutional Review

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199672257
eISBN:
9780191751295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199672257.003.0004
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter critically examines sceptical views about constitutional review of primary legislation. Sceptics argue that constitutional review is illegitimate because it negates political equality. ... More


INTRODUCTION

William Talbott

in Which Rights Should Be Universal?

Published in print:
2005
Published Online:
April 2005
ISBN:
9780195173475
eISBN:
9780199835331
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195173473.003.0001
Subject:
Philosophy, General

In this chapter, Talbott considers various interpretations of the term “human rights.” He proposes an account of basic human rights as the necessary legal guarantees for a government to be ... More


Are there Absolute Rights?

Nigel Biggar

in What's Wrong with Rights?

Published in print:
2020
Published Online:
September 2020
ISBN:
9780198861973
eISBN:
9780191894770
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861973.003.0008
Subject:
Religion, Religion and Society

During the discussion of natural rights-talk in Chapters 1 to 5, it was argued that claims to an absolute status do not survive scrutiny. Moreover, a main conclusion was that such rights-talk, ... More


Natural Equality and Natural Law in Locke’s Two Treatises

Kari Saastamoinen

in Philosophy, Rights and Natural Law: Essays in Honour of Knud Haakonssen

Published in print:
2019
Published Online:
September 2019
ISBN:
9781474449229
eISBN:
9781474460200
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474449229.003.0006
Subject:
Philosophy, Political Philosophy

This chapter discusses John Locke’s account of natural equality as presented in his Two Treatises of Government. Together with its sister concept natural liberty, natural equality is often ... More


Human Rights, Natural Rights, and Human Dignity

A. John Simmons

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0007
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explores various foundational accounts of human rights theory. It considers centrally the accounts of Jeremy Waldron and Charles Beitz. It suggests that a natural rights account can ... More


The Role of the Courts & the Popular Jurisprudence of Counterterrorism

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0004
Subject:
Law, Public International Law, Comparative Law

Politicians, moral philosophers and lawyers have all addressed the question of what role the courts should play in the global war on terror. Opinions range from no role at all (John Yoo, Richard and ... More


Citizens in Robes

Cristina Lafont

in Democracy without Shortcuts: A Participatory Conception of Deliberative Democracy

Published in print:
2019
Published Online:
December 2019
ISBN:
9780198848189
eISBN:
9780191882746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198848189.003.0009
Subject:
Political Science, Political Theory

This chapter articulates a participatory defense of the democratic legitimacy of judicial review. This defense is based on an analysis of the democratic significance of citizens’ right to legal ... More


Defending Dialogue

Po Jen Yap

in Constitutional Dialogue in Common Law Asia

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.003.0002
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter explains why, as a constitutional theory, dialogic judicial review is normatively superior to the opposing alternatives of legislative or judicial supremacy. Lawmakers are vulnerable to ... More


View: