The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand conundrums in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of moral co...

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and political practice of human rights fo...

The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement.What exactly is deliberative democracy? Why is it more def...

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion will not involve individu...

Sympathetic with the new ethnic consciousness, Hollinger argues that the conventional liberal toleration of all established ethnic groups no longer works because it leaves unchallenged the prevailing imbalance of power. Yet the multiculturalist alternative does nothing to stop the fragmenting of American society into competing ethnic enclaves, each concerned primarily with its own well-being. Hollinger argues instead for a new cosmopolitanism, an appreciation of multiple identities -- new ...

Written by Phil Parvin and Clare Chambers, who are current political philosophy lecturers and leading researchers, Political Philosophy - The Essentials is designed to give you everything you need to succeed, all in one place. It covers the key areas that students are expected to be confident in, outlining the basics in clear jargon-free English, and then providing added-value features like summaries of key thinkers, and even lists of questions you might be asked in your seminar or exam. T...

These two ambitious volumes from one of the world's most celebrated political philosophers present a new kind of political and legal theory that James Tully calls a public philosophy, and a complementary new way of thinking about active citizenship, called civic freedom. Professor Tully takes the reader step-by-step through the principal debates in political theory and the major types of political struggle today. These volumes represent a genuine landmark in political theory from the autho...

International law is playing an increasingly important role in international politics. However, international relations theorists have thus far failed to conceptualise adequately the role that law plays in politics. Instead, IR theorists have tended to operate with a limited conception of law. An understanding of jurisprudence and legal methodology is a crucial step towards achieving a better account of international law in IR theory. But many of the flaws in IR's idea of law stem also fro...

Long recognized as one of the main branches of political science, political theory has in recent years burgeoned in many different directions. Close textual analysis of historical texts sits alongside more analytical work on the nature and normative grounds of political values. Continental and post-modern influences jostle with ones from economics, history, sociology, and the law. Feminist concerns with embodiment make us look at old problems in new ways, and challenges of new technologies...

Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, alt...

This is a timely new edition of Sharyn L Roach Anleu′s invaluable introduction to the sociology of law and its role as a social institution and social process.Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society.The book:• provides coverage of major...

This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rath...