This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors – including so-called users – are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers – including those whose interpretation of Jewish law differs from that adopted by the authorities – are respected.

In this new and entirely revised edition of his study of Green's theory of positive freedom, Ben Wempe argues that the far-reaching and beneficial influence of Green's political doctrine, on public policy as well as in the field of political theory, was founded on a misinterpretation of his philosophical stand, since the metaphysical basis on which Green argued for his political position was largely neglected. The book discusses Green's philosophical development and examines an important, hitherto underrated, influence that went into the formation of his philosophical opinions. It then considers Green's metaphysics and describes how some omissions from the concise version of his metaphysical doctrine, as it is found in his published works, may be remedied by reference to Green's unpublished material.

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

A History of Western Political Thought is an energetic and lucid account of the most important political thinkers and the enduring themes of the last two and a half millennia. Written with students of the history of political thought in mind, the book: * traces the development of political thought from Ancient Greece to the late twentieth century * focuses on individual thinkers and texts * includes 40 biographies of key political thinkers * offers original views of theorists and highlights those which may have been unjustly neglected * develops the wider themes of political thought and the relations between thinkers over time.

In this book, Professor Jeanine Grenberg defends the idea that Kant's virtue theory is best understood as a system of eudaemonism, indeed, as a distinctive form of eudaemonism that makes it preferable to other forms of it: a system of what she calls Deontological Eudaemonism. In Deontological Eudaemonism, one achieves happiness both rationally conceived (as non-felt pleasure in the virtually unimpeded harmonious activity of one's will and choice) and empirically conceived (as pleasurable fulfilment of one's desires) only via authentic commitment to and fulfilment of what is demanded of all rational beings: making persons as such one's end in all things. To tell this story of Deontological Eudaemonism, Grenberg first defends the notion that Kant's deontological approach to ethics is simultaneously (and indeed, foundationally, and most basically) teleological. She then shows that the realization of an aptitude for the virtuous fulfilment of one's obligatory ends provides the solid basis for simultaneous realization of happiness, both rationally and empirically conceived. Along the way, she argues both that Kant's notion of happiness rationally conceived is essentially identical to Aristotle's conception of happiness as unimpeded activity, and that his notion of happiness empirically conceived is best realized via an unwavering commitment to the fulfilment of one's obligatory ends.

This title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection offers his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.

The Blackwell Dictionary of Western Philosophy The Blackwell Dictionary of Western Philosophy ???The style is fresh and engaging, and it gives a broad and accurate picture of the western philosophical tradition. It is a pleasure to browse in, even if one is not looking for an answer to a particular question.??? David Pears ???Its entries manage to avoid the obscurities of an exaggerated brevity without stretching themselves out, as if seeking to embody whole miniature essays. In short it presents itself as a model of clarity and clarification.??? Alan Montefiore

Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.

Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.