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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


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


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


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


Republicans, Rights, and Constitutions: Is Judicial Review Compatible with Republican Self-Government?

Iseult Honohan

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0004
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter argues that constitutional judicial review can be understood as forming a part of republican self-government, even if greater emphasis is placed on citizen participation than other ... 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


Locke's Early Work: From Vizor of Religion to Veil of Ignorance

John Perry

in The Pretenses of Loyalty: Locke, Liberal Theory, and American Political Theology

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199756544
eISBN:
9780199897407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756544.003.0004
Subject:
Religion, Religion and Society

This chapter explores the overlooked early work of John Locke, where Locke opposed religious toleration. This is prefaced by surveying the state of the debate about toleration in Locke's historical ... 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


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


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


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


The Right to Property

Pavlos Eleftheriadis

in Legal Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.003.0007
Subject:
Law, Philosophy of Law

This chapter vindicates Hohfeld's view of property as a relation among persons. In fact, the legal relations of property are indistinguishable from that of contract and tort. Property rights are ... 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


Rationality

Antonia LoLordo

in Locke's Moral Man

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199652778
eISBN:
9780191745478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652778.003.0004
Subject:
Philosophy, History of Philosophy, Moral Philosophy

This chapter examines Locke's views on the cognitive capacities of animals and humans. Special attention is paid to the three components of rationality that are unique to us: abstraction, reflection, ... 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


Theories of Rights as Justifications for Labour Law

Hugh Collins

in The Idea of Labour Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693610
eISBN:
9780191729744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693610.003.0010
Subject:
Law, Employment Law, Philosophy of Law

The chapter assesses whether two kinds of theories of fundamental rights, namely the natural law tradition underlying the international protection of human rights and the liberal political tradition ... 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


Toleration and Understanding in Locke

Nicholas Jolley

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198791706
eISBN:
9780191837883
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198791706.001.0001
Subject:
Philosophy, Political Philosophy, Philosophy of Religion

Despite recent advances in Locke scholarship, philosophers and political theorists have paid little attention to the relations among his three greatest works: An Essay Concerning Human Understanding, ... More


Taking Rights Seriously: Waldron on ‘The Right To Do Wrong’

Robert P. George

in Making Men Moral: Civil Liberties and Public Morality

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260240
eISBN:
9780191682063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260240.003.0005
Subject:
Law, Philosophy of Law

This chapter focuses on Waldron's view of the existence of a person's right to do something which he or she knows is morally wrong. According to Waldron, the exercise of such a right cannot be ... More


Conclusion

Nicholas Jolley

in Toleration and Understanding in Locke

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198791706
eISBN:
9780191837883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198791706.003.0010
Subject:
Philosophy, Political Philosophy, Philosophy of Religion

This chapter concludes the book by emphasizing the importance of Locke’s later letters for toleration for an overall understanding of his thought. It is argued that these writings make two distinct ... More


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