About half of today’s nation-states originated as some kind of breakaway state. The end of the Cold War witnessed a resurgence of separatist activity affecting nearly every part of the globe and stimulated a new generation of scholars to consider separatism and secession.As the 150th anniversary of the American Civil War approaches, this collection of essays allows us to view within a broader international context one of modern history's bloodiest conflicts over secession. The cont...

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a prope...

Rights and Resistance features ten essays by Christopher Heath Wellman on our moral rights, and the measures we may take to protect them. In addition to offering original accounts of various rights, in these essays Wellman considers how we may permissibly enforce our moral claims against others on both the individual and political levels. Virtually everyone agrees that we may defend our rights with only necessary and proportionate force, but should we accept these restrictions eve...

A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights...

Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.Commentators from Plato to Derrida have called law to account in the name ...

This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctri...

With an updated preface by the author.Since the proclamation of the Universal Declaration of Human Rights in 1948, rights have become the dominant language of the public good around the globe. Indeed, rights have become the trump card in every argument. Long-standing fights for aboriginal rights, the issue of preserving the linguistic heritage of minorities, and same-sex marriage have steered our society into a full-blown rights revolution. This revolution is not o...

In The Ethics of Immigration, Joseph Carens synthesizes a lifetime of work to explore and illuminate one of the most pressing issues of our time. Immigration poses practical problems for western democracies and also challenges the ways in which people in democracies think about citizenship and belonging, about rights and responsibilities, and about freedom and equality. Carens begins by focusing on current immigration controversies in North America and Europe about access to citiz...

In this New York Times bestselling book, Robert H. Bork, our country's most distinguished conservative scholar, offers a prophetic and unprecedented view of a culture in decline, a nation in such serious moral trouble that its very foundation is crumbling: a nation that slouches not towards the Bethlehem envisioned by the poet Yeats in 1919, but towards Gomorrah.Slouching Towards Gomorrah is a penetrating, devastatingly insightful exposé of a country in crisis at ...

Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives t...

For thirty years, lawyers, pundits, professors, and politicians had said that section 293 of the Criminal Code of Canadathe criminal prohibition of polygamywas unconstitutional, a Victorian anachronism that, in a modern rights-based democracy, deserved to be swept aside in the name of individual liberty and religious freedom. Polygamy per se, it was argued, was harmless. Beginning in 2009 in Vancouver, a small team of lawyers from the federal and provincial governments, along with a handf...

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...