Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal ethics. However, this faith (...) is now being severely tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

McManus presents an intellectual history of the conservative and reactionary tradition, stretching from Aristotle and Confucius to Ayn Rand and Patrick Deneen. Providing a comprehensive critical genealogy of the intellectual political right, McManus traces its core to a nostalgia for the hierarchical cosmos of antiquarian and scholastic thinking. The yearning for a shared vision of the universe where each part of reality has its place maps onto the conservative admiration for orderly political and social stratification. It stamps even (...) the more moderate forms of liberal conservatism which emerged in the aftermath of the revolutionary 18th century, as the political right struggled to accept and later master first the politics of liberal capitalism and later universal suffrage. In its most radical forms this nostalgia for an orderly and hierarchical existence can harden into a resentment at the perceived shallowness of liberal modernity. McManus argues for those who support the project of modernity to commit themselves to better understanding the depth of the political right's critiques, many of which expose uncomfortable but solvable problems with the quest for equality and freedom. A critical guide to the history of conservative and reactionary thought for students and scholars of political science and political history. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

A common view of politics is that it is reducible to applied ethics. If politics, in a classic phrase, is about “who gets what, when, and how,” then the task of normative political theory would simply be to tell us who is morally entitled to get whatever the “what” is in that statement.This view, however, can easily reduce politics to a dizzying vortex of actions to assess from an ethical perspective. And while the task of moral philosophy may be (...) precisely to articulate principles by which to pass such judgment, the focus of political theory lies elsewhere.To study and assess politics means attending to the institutional frameworks and structural conditions that enable or constrain human action to begin with. The question for normative political theory, in other words, is whether the organizational structure of a given society—embodied in its decision-making procedures, its distribution of power, and its defining patterns of production, reproduction, and distribution—is defensible or not.This question of justice in the institutional makeup of society has not been entirely ignored in animal rights literature. Animal advocates have always been clear about the massive societal ramifications of dismantling the speciesist order. Likewise, rights theorists and activists have often proposed concrete legal measures for improving the protection of animals, be it by piecemeal welfare reform in animal agriculture, by the abolition of specific practices in biomedical research, or by seeking the equivalent of human rights for select species like great apes or dolphins. The field has also seen fierce debate among animal advocates about the appropriate strategies for engaging with the state and the legal system.Nonetheless, most discussions have been about what it means to treat individual animals with respect, and not about what is required of a political order aspiring to just treatment of all species. In fact, it is only in the last decade that the issue of political justice has taken up a place at the center of animal ethics.Though the field is still developing, we may take it as a sign of maturity that it can now sport its first “short introduction” book: Alasdair Cochrane's Should Animals Have Political Rights? (2020). Its appearing as part of the Polity Press series Political Theory Today further attests to the book's timeliness.The starting point of Cochrane's book—and of political animal studies in general—is that political relations between humans and other animals are not optional but inevitable. Other animals live among us, and the way we organize our societies has a massive impact on the lives of other sentient animals both inside and outside the borders of our human communities. Assuming that these creatures possess intrinsic value as experiencing individuals with morally relevant interests, the question seems inescapable: What kind of polity can accommodate for the multispecies character of our communities and embody justice for all sentients? Cochrane's answer is largely the same as the one he offered in his previous book, Sentientist Politics: A Theory of Global Inter-Species Justice (Oxford University Press, 2018), where he laid out his full vision of a postnational and species-neutral “cosmozoopolis.”The present book is much more concentrated and written as an accessible introduction for readers new to the field. Over seven short chapters, Cochrane reconstructs his argument for an interspecies democracy by assessing a series of arguments and propositions drawn from previous literature on the topic.The first notion to be scrutinized is the popular idea that animal welfare legislation is enough to secure respect for animals. Here, Cochrane acknowledges that welfarism goes some way toward safeguarding animal interests, but he also stresses that its historical record has been disheartening. Welfarism protects animals only insofar as their protection coincides with human interests, and this is far from enough to ensure respect for the animals’ intrinsic value.The second line of argument tries to push beyond welfarism by claiming constitutional protection for animals. By this move, reformers hope to place animal interests on an equal footing with human interests and prevent the overriding of the former in the name of human entitlements (to property, artistic expression, freedom of science, and so forth). Looking at real-world cases, however, Cochrane finds that these constitutional provisions tend to be sidelined when they come into conflict with the interests of big agribusiness.Noting that more than constitutional protection is needed, Cochrane turns to a third set of arguments about legal personhood for animals. Winning personhood for animals would certainly constitute a radical step toward equalizing the interests of different species. Nonetheless, Cochrane argues that personhood alone would be insufficient. Intrinsic value, to him, cannot be fully respected unless animals win the political right to have their interests factor into society's articulation of the public good. As sentient beings, we can all make a claim on the political communities we are part of to not only recognize us as members but furnish us with the means to live well.The fourth and final step for Cochrane is to argue that democratic representation for animals is necessary for realizing these political membership rights. Without representation, he contends, political rights risk being watered down, leaving animals with much less than they are entitled to as sentient beings. Cochrane critically discusses several different models for how this representation could be organized. While he is partial to a system where specially trained human representatives are tasked with voicing the animals’ interests in the legislative process, he leaves many of the practicalities open for future experimentation.Readers familiar with the field of political animal studies will find little new in Should Animals Have Political Rights? For students new to the field, however, Cochrane's book does an excellent job introducing the main issues in a very accessible format. Students of “regular” political science will also benefit from the book's fresh challenge to the discipline's understanding of “the political” as well as its important insights into the relationship between individual and political rights. (shrink)

The purpose of this paper is to consider whether it is permissible for a liberal democratic state to deny anti-liberal-democratic citizens and groups the right to run for parliament. My answer to this question is twofold. On the one hand, I will argue that it is, in principle, permissible for liberal democratic states to deny anti-liberal-democratic citizens and groups the right to run for parliament. On the other hand, I will argue that it is rarely wise (or prudent) for ripe (...) democracies to exclude anti-liberal-democrats from parliamentary elections. There are at least two reasons for this. The first is related to the inherent stability of just institutions. The second is that exclusion can lead to group polarization and enclave deliberation that can engender political extremism and impair processes of interpersonal and intrapersonal deliberation in liberal democracies. (shrink)

Libertarians famously contend that the minimal state is the most just social arrangement because it secures individual freedoms and basic political rights. They also oppose wealth transfer taxation, i.e. taxation of inheritances, bequests, and inter vivos gifts, arguing that it violates people's right to use their wealth freely. However, as I argue, libertarian opposition to wealth transfer taxation causes practical problems for their commitment to a minimal state, as there is strong empirical evidence demonstrating that wealth transfer taxation (...) is required to secure the political rights necessary for a free and stable society. In other words, I contend that without an effective wealth transfer tax, it will be difficult to ensure political rights and basic freedoms, thus leaving the libertarian minimal state in peril of collapse. (shrink)

For politics to measure up to reason, two requirements have long been acknowledged: first, that the ends of political action be universal, and second, that the pursuit of such universal ends consist in political self-determination, that is, in self-government.Aristotle set the stage for all further political inquiry by distinguishing political association through the universality of its end or good, while identifying the end of politics with political activity itself, an activity in which citizens rule over (...) one another while presiding over all other associations, which fall under political dominion owing to the particularity of their pursuits. Aristotle joined the universality of politics with the activity of self-rule by recognising political activity to be an end in itself that is also a master end for the sake of which all other conduct is to be pursued. As such, politics was itself the highest good, making ethics possible by overcoming the hegemony of instrumental action, whose every end is devoid of intrinsic value, leaving conduct ultimately pointless.Two corollary difficulties, however, undermine Aristotle's enterprise. On the one hand, he is unable to give the universal end of political association a non-arbitrary content. Politics may claim universality by being both an end in itself and a master end, but this is just a recipe for ‘might makes right’, where any prevailing rule would be identical with the highest good. Appeal to a distinctly human function or to forms of rule that pursue the common good rather than the particular interests of some ruler can provide no remedy. (shrink)

El objetivo de este trabajo es examinar el modo en que Kant concibe la relación entre el derecho político, el derecho de gentes y el derecho cosmopolita, en dos de sus textos de madurez: Hacia la paz perpetua y La metafísica de las costumbre s. El análisis de esta cuestión no solo permite esclarecer principios fundamentales de su filosofía jurídico-política, sino que aporta además nociones relevantes para la actual discusión acerca de los derechos humanos, el cosmopolitismo y el derecho internacional; (...) temáticas que posicionan a Kant como uno de los autores modernos de mayor presencia en el marco del debate filosófico contemporáneo. En primer lugar, examinaré la posición asumida por el filósofo con respecto al intervencionismo, que resulta especialmente relevante para comprender la relación entre el derecho político y el derecho de gentes, ya que obliga a pensar el alcance y los límites del principio de soberanía estatal. En segundo lugar, haré referencia al modo en que este autor concibe la conexión entre el republicanismo y la institución de una comunidad jurídica internacional, e intentaré mostrar que se trata aquí de fines independientes —y a la vez, vinculados— a los que debemos aproximarnos en un proceso de perfeccionamiento gradual de las instituciones jurídicas. (shrink)

In this chapter, Talbott considers the Hobbesian social contract defense of autocracy as necessary to solve its citizens’ collective action problems. He argues that human beings are able to form stable rights-respecting democracies that solve their collective action problems, because while human beings are not angels, neither are they devils. He reviews Sen’s research on famines and psychological research on the ultimatum game and related games to show that most people are willing to incur at least small costs to (...) promote fairness. Therefore, rights-respecting democracies are able to solve the reliable feedback problem and the appropriate responsiveness problem to become more just over time. They are self-improving, self-regulating systems. Examples of movements of non-violent resistance illustrate the process. The chapter concludes with a complete list of the basic human rights. (shrink)

All states must make decisions about how to regulate the treatment of animals. In this book, Alasdair Cochrane argues that this must go further. In order to ensure that their interests are taken seriously, it is imperative that we represent them throughout the political process - not only rights to protection, but also to democratic membership.

La révision de la Constitution nigériane prévue en 1956 fut perçue par le Women Movement of Nigeria (WM) comme une occasion pour revendiquer l’inclusion politique des femmes. L’article Allocation system for women, écrit en 1954 par Mrs Elizabeth Adekogbe, présidente du WM, met en évidence les droits politiques qu’elles réclament, notamment l’accès au suffrage et à l’éligibilité. Ces revendications divisent les femmes qui, selon leur appartenance politique, ont des conceptions différentes de l’émancipation politique. Ces divisions invitent à déconstruire la catégorie (...) « femmes du Nigéria » et à interroger la pluralité de leurs revendications, largement inspirées des débats qui ont eu lieu en Europe occidentale à propos de l’accès au suffrage féminin. Cet article permet aussi de s’interroger sur les parallélismes avec les suffragistes occidentales et en conséquent sur le concept de « citoyenneté » et sur son emploi et non-emploi de la part de ces femmes africaines. (shrink)

This thesis discusses the proper relationship between religion and politics, not as two kinds of institutions in a society but as two sets of beliefs within and among belief systems: people's religious ideas of the good human life and their political ideas of a right society, in a religiously plural context. ;It starts its discussion by critically examining two most important positions on this issue in contemporary public discourses: the liberal idea of priority of the right to the good (...) and the communitarian idea of priority of the good to the right . The problem with the liberal view is that its idea of a politics neutral to all religions is merely an illusion. The problem with the communitarian one is that it will lead to either political sectarianism or religious pluralism. ;The thesis therefore aims to develop an alternative position, which is centered around the idea of multiple reflective equilibria. According to this idea, instead of a dichotomy, religious goodness and political rightness, along with many other ideas people may have, are mutually enriching, critical, and transformative, both within an individual's belief system and among different individuals' belief systems. In a religiously plural society, it searches for a universal political idea of the right that is kept in a reflective equilibrium with plural religious ideas of the good. (shrink)

Should refugees receive political rights in liberal democracies? I argue that they should. Refugees are special – at least when it comes to claims towards democratic inclusion. They lack exit options and are significantly impacted by decisions made in liberal democracies. Enfranchisement is a matter of urgency to them and should occur on a national level. But what justifies the democratic inclusion of refugees? I draw on the all-subjected principle in arguing that all those subjected to rule in (...) a political unit should have a say in such rule. I show that refugees cannot be denied democratic inclusion based on the argument that transients should be excluded from participation. Refugees are not transients. Finally, I show that naturalization is not a prerequisite for enfranchisement. Political rights and citizenship can be had independently of each other. Refugees, then, should be nationally enfranchised as soon as they receive refugee status. (shrink)

Aristotle's constitutional theory applies his theory of justice and rights to the unifying institutions of the polis. He defines a citizen as one who has a liberty right to partake in deliberative or judicial office. He distinguishes between constitutions in terms of whether they are correct or deviant and on the basis of whether political rights are assigned to one, few, or many persons––resulting in a six‐fold classification of constitutions: kingship versus tyranny, aristocracy versus oligarchy, and polity (...) versus democracy. In Politics IV, Aristotle develops a more complicated system of classification involving different modes of deliberation, adjudication, and magistracy. The chapter concludes with a discussion of the tasks of politics, including legislation in ideal and realistic situations and reform of defective constitutions. (shrink)

The ability of very wealthy individuals (or, as I will call them, the ‘super-rich’) to turn their economic power into political power has been—and remains—an important cause of political inequality. In response, this paper advocates an original solution. Rather than solving the problem through implementing a comprehensive conception of political equality, or through enforcing complex rules about financial disclosure etc., I argue that we should impose a choice on the super-rich. The super-rich must choose between (i) forfeiting (...) the things that make them super-rich, i.e., pay a 100 % tax on their wealth above a certain level, or, (ii) they must forfeit some of their political rights. These rights include entitlements to fund political parties; to stand for office; and to work or volunteer for political parties. The right to vote, though, is not limited. I defend my proposal against non-consequentialist and consequentialist objections. I also argue that it avoids two problems that many attempts to reduce political inequality face; these are the political egalitarian’s dilemma and the problem of political equality’s relative moral importance. (shrink)

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

In this paper, I explore the ways in which human bodies, payback, and comestibility become inescapably entangled in cultures in which honor is the prevailing virtue. Shakespeare was deeply sensitive to the social and psychological processes through which these concepts become entwined when honor is at stake—to the ways in which, as a means of corrective response, men who transgress a code of honor can be rightly reduced to their bodies, similar to how those who are not allowed to be (...) full participants in an honor culture (most particularly women) always already are. I begin by examining Shakespeare’s earliest depictions of honor cultures in Titus Andronicus and The Rape of Lucrece, and then briefly discusses how the ideas they trade in are further developed and complicated later in his career, focusing specifically on Othello. -/- . (shrink)

The increase in cases of political corruption, the loss of politicians' credibility, the development of social and political forms of pathology, and the role of the State have been at the center of political debates. In one way or another, these problems raise the question of the legitimacy of the established powers. The result is that legitimacy, a key notion of political thought in general, has today become a burning issue. Coicaud examines all these issues and (...) proffers insightful answers to questions such as the connections between morality and politics, how rulers acquire or lose the right to govern, and how one can become the advocate of a theory of political justice that, while establishing limits, respects and even ensures the promotion of plurality within societies. (shrink)

The article discusses the problems of development of women’s political rights in Lithuania in the legal historical aspect starting from the 16th century, when some property and individual rights were enshrined in the first codifications of the laws of the Great Duchy of Lithuania. The aim of the article is to show that women’s struggle for political equality and suffrage at the end of the 19th and at the turn of the 20th century correlates with the (...) movement for re-establishment of the independent State of Lithuania. As a result in Lithuania equal suffrage and political rights were ensured from the very beginning of independence. In 1905 the Great Seimas of Vilnius recognized the principles of equality of women and men and declared the principles of equal general election to the Seimas (parliament); women’s suffrage, as one of the elements of legal equality, became constitutionally entrenched already in the first temporary Constitution of the State of Lithuania in 1918. At the end of the 20th century and the beginning of the 21st century women’s rights have been further developed, moreover, the first woman was elected as President of the Republic in the national elections in May 2009. (shrink)

Liberalism is the political philosophy of equal persons, yet liberalism has denied equality to those it saw as black sub-persons. In Black Rights/White Wrongs: The Critique of Racial Liberalism, political philosopher Charles Mills challenges mainstream accounts that ignore this history and its current legacy in the United States today.

When Taylor Swift's record label was sold in 2019, the six studio albums she recorded for them came under the control of a person with whom she has had years of bad blood: Kanye West's former manager Scooter Braun. But rather than move on, Swift chose to take the unprecedented step of re-recording duplicate versions of those albums. With all of the profits made from selling, streaming, and licensing these “Taylor's Versions” going directly to Swift, she could deprive Braun of (...) potentially hundreds of millions of dollars. The gambit has already paid off. The first two Taylor's Versions (of Fearless and Red) debuted at Number 1 on the Billboard charts and have sold over one million copies so far; and four more are still on the way. In this book, nine philosophers and one music producer explore the philosophical richness of Swift's project and the questions it raises: Are Swift's re-recordings new works of art or mere copies of the originals? Do the Taylor's Versions of the songs have the same meanings as the original versions, or do they now mean something different? Is her re-recording project genuinely artistic or merely commercial? Is Swift standing up for artists' rights or looking out for herself? Does the music industry exploit artists, and, if so, how should it be reformed? Together they show the philosophical dividends one of the most famous and acclaimed recording artists of her generation is capable of producing. For anyone interested in the complicated relationship between popular art and commerce this book is a must-read. (shrink)

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In (...) her Seeley Lectures, the distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of (...) human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

The article examines the practice of the applicability of the Article 18 of the International Covenant on Civil and Political Rights (hereinafter—ICCPR) and Article 9 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter—ECHR). Through the case—law of the European Court on Human Rights (hereinafter—ECtHR) and insights of the Human Rights Committee the author is investigating the content and limits of the freedom of religion. The article examines in detail the limiting clauses to (...) the freedom of belief (national security, public order, public health, public morals) and the possibility to apply derogation clause. The author comes to the conclusion that due to the complexity of this right it is difficult to forecast the future developments of this right. The jurisprudence of the ECtHR is numerous as well as the decisions of the Court are often accompanied by dissenting opinions. Moreover, some potential cases related to the freedom of religion are not considered by the ECtHR as the admissibility criteria are not met. Therefore the author looks forward to the forthcoming jurisprudence of both—regional and universal human rights bodies. (shrink)

인권은 시민권과 관계없이 독자적 가치를 지니지만, 시민권이 박탈되면 인권도 박탈되는 상황에 처한다. 근대 이후로 민족 국가를 단위로 정체가 형성되었기 때문이다. 그래서 아렌트와 아감벤은 시민권이 없는 인권은 무의미하고 무기력하다고 토로한다. 그러나 이 글은, 인권이 독자적 가치를 지니며 정치적 저항의 동력이라는 점을 발리바르의 인권정치를 통해 논증한다. 발리바르에게 인권과 시민권을 정치적으로 천명한 세계사적 기반은 「인간과 시민의 권리 선언문」이다. 선언문은 인권과 시민권의 동등성, 자유와 평등의 동등성을 개시하지만, 동등성을 이탈하는 모순과 아포리아도 동시에 노정하기 때문에 정치적 봉기의 동력이 된다. 이 글은 동등성의 아포리아를 논증하면서 인권이 지닌 (...) 정치적 가능성을 이주자와 난민 여성이 겪는 배제와 혐오를 극복하는 데 활용하려고 한다. (shrink)

In the past two decades, normative Confucian political theory has emerged as one of the most vibrant subfields of political theory, spawning a variety of philosophical thoughts, normative ideas, and institutional suggestions that are relevant to the modern societal context of Confucian East Asia. Ideas such as “Confucian democracy” and “Confucian constitutionalism” are no longer considered oxymoronic or conceptually impossible, and scholars in this field continue to develop their theories from a wide range of philosophical perspectives. What is (...) still missing, though, is a philosophical construction that intertwines Confucianism not only with democracy but also with other important... (shrink)

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings (...) and nonhuman animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking. (shrink)

In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

The question of resource allocation is particularly pertinent to the realisation of socioeconomic rights. Perceptions of the place of resource allocation impact the adjudication of these rights. This article departs from the premise that with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural rights allowing individual communications and the establishment of the African Court on Human and Peoples’ Rights, there will be an increase in resource allocation questions for adjudication. (...) The article interrogates the experience of national courts and examines potential lessons that can be adopted at the international level to overcome the reluctance that supra-national tribunals may have when adjudicating on states obligations to fulfil. (shrink)

That nature, including insentient entities such as trees, rivers, or ecosystems, should be recognized as right-holders is an enticing thought that would have substantial practical repercussions. But the position finds little support from moral conceptions of rights and moral distinctions that have judicial relevance in the sense of providing normative reasons for legislation and assessing existing laws. An alternative to viewing rights of nature as proper rights resting on valid moral claims that ought to be legally recognized (...) is to regard them as ‘manifesto’ rights. Such rights are based on political demands and hold even if there is no one with a corresponding duty to fulfill them. I investigate whether rights of nature can be considered manifesto rights. Some objections to regarding rights of nature as manifesto rights will be considered, such as difficulties of delimiting the borders of an environmental entity and making successful analogies with existing (human) rights based on interests and needs. It will be suggested that while some of those challenges can be mitigated by custodianship, it is not clear what needs of insentient entities in nature would justify such claims. It is found that rights of nature depend substantially on legitimate custodians both for delineation of the entity in question and for establishing interest-like characteristics. But rights of nature are not manifesto rights when there is a legitimate custodian having the possibility of evoking duties in others. However, the need for a legitimate custodian in delimitation and establishing normatively relevant characteristics of specific environmental entities defeats universal appeals to rights of nature. (shrink)

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges (...) this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Far-Right Ecologism explains how the ongoing mainstreaming of the far right has prompted greater engagement with a range of topics, including the environment. Behind the façade of vote-winning strategies, the far right has provided a substantive ideological engagement with the natural environment. Building on the nationalist bent of early green thought and the perceived nexus of pristine nature and cultural purity, Far-Right Ecologism has ideologically adopted the green elements of other ideologies, such as conservatism and fascism, but also of those (...) considered to be 'thin-centred', such as nationalism and populism. Through an authentic experience of learning from the Eastern European, post-socialist realms, this book explores the ideology, ecological discourse, and policy proposals behind the increasing impact of far-right actors on environmental politics in Hungary and Poland. Each chapter begins with stories from the interviewees to illustrate how the far right in Hungary and Poland attempts to permeate environmental politics and even forge partnerships with green actors through specific, local-based policy contributions. Drawing on the findings from a range of sources, such as electoral programs, ideological texts and manifestos, social media and public speeches, policy proposals, and more than forty in-depth interviews with far-right representatives, this book also assesses epistemological and methodological challenges in examining the environmental dimension of far-right, post-socialist politics. The book will be valuable reading for researchers with an interest in the far right, environmental politics and Central Eastern Europe. (shrink)

The focus of this article is the notion of alethic rights, the rights related to truth. The concept of truth grounds many norms and customary and official rules, but there is no clear and shared idea about its power to generate specific rights. The juridical and political archetype called ‘the right to truth’ is still subject of controversies, and there are doubts about its being a real ‘right,’ to be protected by positive (new) norms. In the (...) article the problem is explored in truth-theoretical perspective: can philosophy support the idea of truth as a source of rights? Can an updated and well-developed theory of truth be proposed, to help activists and theorists concerned with the need for truth of individuals and communities? I present six alethic rights, corresponding to six different aspects of the human need for truth, then I specifically focus on the truth theory that can justify the hypothesis. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? (...) My answer turns on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

This book shows how political argument in terms of rights and natural rights began in medieval Europe, and how the theory of natural rights was developed in the seventeenth century after a period of neglect in the Renaissance. Dr Tuck provides a new understanding of the importance of Jean Gerson in the formation of the theories, and of Hugo Grotius in their development; he also restores the Englishman John Selden's ideas to the prominence they once enjoyed, (...) and shows how Thomas Hobbes's political theory can best be understood against this background. In general, the book enables us to understand more fully the characteristics of the natural rights theories available to the men of the Enlightenment, and thereby to appreciate the complexity and equivocal nature of modern right theories. (shrink)

The philosophy of human rights has stalled over a debate between orthodox theorists committed to a moral understanding of human rights and political theorists who adopt a positivist approach. A New Philosophy of Human Rights challenges both, offering a novel deliberative account that bridges this divide.