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Debating Legal Pluralism and Constitutionalism: New Trajectories for Legal Theory in the Global Age (Ius Comparatum - Global Studies in Comparative Law #41)
by Guillaume TusseauThe book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
Debating Multiculturalism: Should There be Minority Rights? (Debating Ethics)
by Peter Balint Patti Tamara LenardMulticulturalism has become a political touchstone in many countries around the world. While many of those on the right oppose it, and many of those on the left embrace it, things are not this simple. For those who defend them, multicultural policies are generally seen as key to the fair and successful integration of minorities, many of whom are immigrants, into diverse democratic societies. For those who oppose multiculturalism, who have become part of the so-called "backlash" against multiculturalism, they are charged with generating segregation rather than inclusion, undermining national cultures, reinforcing difference, and privileging minority groups. Around the world, we see failing attempts at migrant integration, persistent religious intolerance and racial and ethnic discrimination, resurgent national minorities, emboldened majorities, permanent minorities, continuing social isolation, and increasing extremism, including in the form of white nationalism. But is multiculturalism the solution to these problems or does it just make them worse? In this for-and-against book, two prominent scholars of multiculturalism put forward different answers to this important question. While Patti Tamara Lenard argues for minority rights as both the consequence of a right to culture and a way to redress the effects of nation-building, Peter Balint rejects minority rights altogether, instead arguing for a re-imagined liberal neutrality. This theoretical disagreement plays out in real-world policy disagreement. Lenard, for example, argues strongly in favor of exemptions from general rules for minority cultures including the right of Sikhs to be exempt from helmet laws, and for Jews and Muslims to be exempt from bans on male circumcision. She also defends the right of minority cultures to have government-supported separate spaces. Balint, on the other hand, argues directly against these types of exemptions and government support. He is opposed to any form of differentiation based on culture, religion, or ethnicity. The book uses a wide range of real-world examples to demonstrate their significant theoretical disagreement, and to recommend very different policy proposals.
Debating Multiculturalism: Should There be Minority Rights? (Debating Ethics)
by Patti Tamara Lenard Peter BalintMulticulturalism has become a political touchstone in many countries around the world. While many of those on the right oppose it, and many of those on the left embrace it, things are not this simple. For those who defend them, multicultural policies are generally seen as key to the fair and successful integration of minorities, many of whom are immigrants, into diverse democratic societies. For those who oppose multiculturalism, who have become part of the so-called "backlash" against multiculturalism, they are charged with generating segregation rather than inclusion, undermining national cultures, reinforcing difference, and privileging minority groups. Around the world, we see failing attempts at migrant integration, persistent religious intolerance and racial and ethnic discrimination, resurgent national minorities, emboldened majorities, permanent minorities, continuing social isolation, and increasing extremism, including in the form of white nationalism. But is multiculturalism the solution to these problems or does it just make them worse? In this for-and-against book, two prominent scholars of multiculturalism put forward different answers to this important question. While Patti Tamara Lenard argues for minority rights as both the consequence of a right to culture and a way to redress the effects of nation-building, Peter Balint rejects minority rights altogether, instead arguing for a re-imagined liberal neutrality. This theoretical disagreement plays out in real-world policy disagreement. Lenard, for example, argues strongly in favor of exemptions from general rules for minority cultures including the right of Sikhs to be exempt from helmet laws, and for Jews and Muslims to be exempt from bans on male circumcision. She also defends the right of minority cultures to have government-supported separate spaces. Balint, on the other hand, argues directly against these types of exemptions and government support. He is opposed to any form of differentiation based on culture, religion, or ethnicity. The book uses a wide range of real-world examples to demonstrate their significant theoretical disagreement, and to recommend very different policy proposals.
Debating nationhood and governance in Britain, 1885-1939: Perspectives from the 'four nations' (Devolution)
by Duncan Tanner Andrew Edwards Christopher Williams W. P. GriffithThis book is the first in-depth study of the debates over devolution in the four nations of the UK in the period up to 1939. It explores divergent trends and attitudes towards the principle of devolution at both local and national (UK) levels, explains the limitations of devolution as a political ideal and the inherent contradictions in the debates over devolution which were unresolvable in the period under study. The book also demonstrates the enduring potency of an all-British context and of the influence and power of those who wished to defend the status quo. It investigates the role of national - and Imperial - identities in the debates over devolution, highlighting the continuing value and importance of ‘Britishness’ and British identity as vital factors in moulding popular opinion and support for established systems of governance. In so doing, the book offers fresh perspectives on the development of nationalisms in the ‘Celtic fringe’ during this period and demonstrates the problems and limitations of such identities as ways of mobilizing political opposition.
Debating Obesity: Critical Perspectives
by Emma Rich, Lee F. Monaghan and Lucy AphramorThis book brings together critical perspectives on some of the recent claims associated with the obesity crisis. It develops both theoretical and conceptual arguments around the obesity debate, as well as taking a more practical focus in terms of implications for the health professions to outline an agenda for a 'critical weight studies'.
Debating Pornography (Debating Ethics)
by Andrew Altman Lori WatsonSince the sexual revolution of the 1960s, debates over pornography have raged, and the explosive spread in recent years of sexually explicit images across the Internet has only added more urgency to these disagreements. Politicians, judges, clergy, citizen activists, and academics have weighed in on the issues for decades, complicating notions about what precisely is at stake, and who stands to benefit or be harmed by pornography. This volume takes an unusual but radical approach by analyzing pornography philosophically. Philosophers Andrew Altman and Lori Watson recalibrate debates by viewing pornography from distinctly ethical platforms -- namely, does a person's right to produce and consume pornography supersede a person's right to protect herself from something often violent and deeply misogynistic? In a for-and-against format, Altman first argues that there is an individual right to create and view pornographic images, rooted in a basic right to sexual autonomy. Watson counteracts Altman's position by arguing that pornography inherently undermines women's equal status. Central to their disagreement is the question of whether pornography truly harms women enough to justify laws aimed at restricting the production and circulation of such material. Through this debate, the authors address key questions that have dogged both those who support and oppose pornography: What is pornography? What is the difference between the material widely perceived as objectionable and material that is merely erotic or suggestive? Do people have a right to sexual arousal? Does pornography, or some types of it, cause violence against women? How should rights be weighed against consequentialist considerations in deciding what laws and policies ought to be adopted? Bolstered by insights from philosophy and law, the two authors engage in a reasoned examination of questions that cannot be ignored by anyone who takes seriously the values of freedom and equality.
DEBATING PORNOGRAPHY DEBETH C (Debating Ethics)
by Andrew Altman Lori WatsonSince the sexual revolution of the 1960s, debates over pornography have raged, and the explosive spread in recent years of sexually explicit images across the Internet has only added more urgency to these disagreements. Politicians, judges, clergy, citizen activists, and academics have weighed in on the issues for decades, complicating notions about what precisely is at stake, and who stands to benefit or be harmed by pornography. This volume takes an unusual but radical approach by analyzing pornography philosophically. Philosophers Andrew Altman and Lori Watson recalibrate debates by viewing pornography from distinctly ethical platforms -- namely, does a person's right to produce and consume pornography supersede a person's right to protect herself from something often violent and deeply misogynistic? In a for-and-against format, Altman first argues that there is an individual right to create and view pornographic images, rooted in a basic right to sexual autonomy. Watson counteracts Altman's position by arguing that pornography inherently undermines women's equal status. Central to their disagreement is the question of whether pornography truly harms women enough to justify laws aimed at restricting the production and circulation of such material. Through this debate, the authors address key questions that have dogged both those who support and oppose pornography: What is pornography? What is the difference between the material widely perceived as objectionable and material that is merely erotic or suggestive? Do people have a right to sexual arousal? Does pornography, or some types of it, cause violence against women? How should rights be weighed against consequentialist considerations in deciding what laws and policies ought to be adopted? Bolstered by insights from philosophy and law, the two authors engage in a reasoned examination of questions that cannot be ignored by anyone who takes seriously the values of freedom and equality.
Debating Procreation: Is It Wrong to Reproduce? (Debating Ethics)
by David Benatar David WassermanWhile procreation is ubiquitous, attention to the ethical issues involved in creating children is relatively rare. In Debating Procreation, David Benatar and David Wasserman take opposing views on this important question. David Benatar argues for the anti-natalist view that it is always wrong to bring new people into existence. He argues that coming into existence is always a serious harm and that even if it were not always so, the risk of serious harm is sufficiently great to make procreation wrong. In addition to these "philanthropic" arguments, he advances the "misanthropic" one that because humans are so defective and cause vast amounts of harm, it is wrong to create more of them. David Wasserman defends procreation against the anti-natalist challenge. He outlines a variety of moderate pro-natalist positions, which all see procreation as often permissible but never required. After criticizing the main anti-natalist arguments, he reviews those pronatalist positions. He argues that constraints on procreation are best understood in terms of the role morality of prospective parents, considers different views of that role morality, and argues for one that imposes only limited constraints based on the well-being of the future child. He then argues that the expected good of a future child and of the parent-child relationship can provide a strong justification for procreation in the face of expected adversities without giving individuals any moral reason to procreate
DEBATING PROCREATION DEBETH C: Is It Wrong to Reproduce? (Debating Ethics)
by David Wasserman David BenatarWhile procreation is ubiquitous, attention to the ethical issues involved in creating children is relatively rare. In Debating Procreation, David Benatar and David Wasserman take opposing views on this important question. David Benatar argues for the anti-natalist view that it is always wrong to bring new people into existence. He argues that coming into existence is always a serious harm and that even if it were not always so, the risk of serious harm is sufficiently great to make procreation wrong. In addition to these "philanthropic" arguments, he advances the "misanthropic" one that because humans are so defective and cause vast amounts of harm, it is wrong to create more of them. David Wasserman defends procreation against the anti-natalist challenge. He outlines a variety of moderate pro-natalist positions, which all see procreation as often permissible but never required. After criticizing the main anti-natalist arguments, he reviews those pronatalist positions. He argues that constraints on procreation are best understood in terms of the role morality of prospective parents, considers different views of that role morality, and argues for one that imposes only limited constraints based on the well-being of the future child. He then argues that the expected good of a future child and of the parent-child relationship can provide a strong justification for procreation in the face of expected adversities without giving individuals any moral reason to procreate
Debating Religious Liberty and Discrimination
by John Corvino Ryan T. Anderson Sherif GirgisVirtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society? This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young social conservatives. Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide same-sex wedding services? But the conflicts extend well beyond the LGBT rights arena. How should we treat hospitals, schools, and adoption agencies that can't in conscience follow antidiscrimination laws, healthcare mandates, and other regulations? Should corporations ever get exemptions? Should public officials? Should we keep controversial laws like the Religious Freedom Restoration Act, or pass new ones like the First Amendment Defense Act? Should the law give religion and conscience special protection at all, and if so, why? What counts as discrimination, and when is it unjust? What kinds of material and dignitary harms should the law try to fight-and what is dignitary harm, anyway? Beyond the law, how should we treat religious beliefs and practices we find mistaken or even oppressive? Should we tolerate them or actively discourage them? In point-counterpoint format, Corvino, Anderson and Girgis explore these questions and more. Although their differences run deep, they tackle them with civility, clarity, and flair. Their debate is an essential contribution to contemporary discussions about why religious liberty matters and what respecting it requires.
DEBATING RELIGIOUS LIBERTY & DISCRIMIN C
by Sherif Girgis Ryan T. Anderson John CorvinoVirtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society? This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young social conservatives. Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide same-sex wedding services? But the conflicts extend well beyond the LGBT rights arena. How should we treat hospitals, schools, and adoption agencies that can't in conscience follow antidiscrimination laws, healthcare mandates, and other regulations? Should corporations ever get exemptions? Should public officials? Should we keep controversial laws like the Religious Freedom Restoration Act, or pass new ones like the First Amendment Defense Act? Should the law give religion and conscience special protection at all, and if so, why? What counts as discrimination, and when is it unjust? What kinds of material and dignitary harms should the law try to fight-and what is dignitary harm, anyway? Beyond the law, how should we treat religious beliefs and practices we find mistaken or even oppressive? Should we tolerate them or actively discourage them? In point-counterpoint format, Corvino, Anderson and Girgis explore these questions and more. Although their differences run deep, they tackle them with civility, clarity, and flair. Their debate is an essential contribution to contemporary discussions about why religious liberty matters and what respecting it requires.
Debating Same-Sex Marriage (Point/Counterpoint)
by John Corvino Maggie GallagherPolls and election results show Americans sharply divided on same-sex marriage, and the controversy is unlikely to subside anytime soon. Debating Same-Sex Marriage provides an indispensable roadmap to the ongoing debate. Taking a "point/counterpoint" approach, John Corvino (a philosopher and prominent gay advocate) and Maggie Gallagher (a nationally syndicated columnist and co-founder of the National Organization for Marriage) explore fundamental questions: What is marriage for? Is sexual difference essential to it? Why does the government sanction it? What are the implications of same-sex marriage for children's welfare, for religious freedom, and for our understanding of marriage itself? While the authors disagree on many points, they share the following conviction: Because marriage is a vital public institution, this issue deserves a comprehensive, rigorous, thoughtful debate.
Debating Same-Sex Marriage (Point/Counterpoint)
by Maggie Gallagher John CorvinoPolls and election results show Americans sharply divided on same-sex marriage, and the controversy is unlikely to subside anytime soon. Debating Same-Sex Marriage provides an indispensable roadmap to the ongoing debate. Taking a "point/counterpoint" approach, John Corvino (a philosopher and prominent gay advocate) and Maggie Gallagher (a nationally syndicated columnist and co-founder of the National Organization for Marriage) explore fundamental questions: What is marriage for? Is sexual difference essential to it? Why does the government sanction it? What are the implications of same-sex marriage for children's welfare, for religious freedom, and for our understanding of marriage itself? While the authors disagree on many points, they share the following conviction: Because marriage is a vital public institution, this issue deserves a comprehensive, rigorous, thoughtful debate.
Debating Sex Work (Debating Ethics)
by Jessica Flanigan Lori WatsonProstitution is often referred to as "oldest profession." Critics of this expression redescribe it as "the oldest oppression." Debates about how best to understand and regulate prostitution are bound up with difficult moral, legal, and political questions. Indeed, it can be approached from numerous angles--is buying and selling sex fundamentally wrong? How can it possibly be regulated? How can sex workers be protected, if they are allowed to work at all? In this concise, for-and-against volume, ethicists Lori Watson and Jessica Flanigan engage with each other on the nature and consequences of sex work, revealing new and profound ways in which to understand it. The volume opens with a joint introduction, before Lori Watson first argues for a sex equality approach to prostitution in which buyers are criminalized and sellers are decriminalized, also known as the Nordic model. Watson defends the Nordic Model on the grounds that prostitution is an exploitative and unequal practice that only entrenches existing patterns of gendered injustice. Full decriminalization of prostitution only stymies existing occupational health and safety standards and securing worker autonomy and equality. Further, to Watson, drawing a distinction between sex trafficking and prostitution is irrelevant for public policy; what underpins them is demand, which fuels the inequalities of both. That is what needs to be addressed. In a rebuttal, Jessica Flanigan contends that sex work should be fully decriminalized because restrictions on the sale and purchase of sex violate the rights of sex workers and their clients. She argues that decriminalization is preferable to policies that could expose sex workers and their clients to criminal penalties, and leave them at the mercy of public officials. Putting these two views on sex work into conversation with one another, and opening up space for readers to weigh both approaches, the book provides a thorough, accessible exploration of the issues surrounding sex work, written with both sympathy and philosophical rigor.
DEBATING SEX WORK DEBETH C (Debating Ethics)
by Jessica Flanigan Lori WatsonProstitution is often referred to as "oldest profession." Critics of this expression redescribe it as "the oldest oppression." Debates about how best to understand and regulate prostitution are bound up with difficult moral, legal, and political questions. Indeed, it can be approached from numerous angles--is buying and selling sex fundamentally wrong? How can it possibly be regulated? How can sex workers be protected, if they are allowed to work at all? In this concise, for-and-against volume, ethicists Lori Watson and Jessica Flanigan engage with each other on the nature and consequences of sex work, revealing new and profound ways in which to understand it. The volume opens with a joint introduction, before Lori Watson first argues for a sex equality approach to prostitution in which buyers are criminalized and sellers are decriminalized, also known as the Nordic model. Watson defends the Nordic Model on the grounds that prostitution is an exploitative and unequal practice that only entrenches existing patterns of gendered injustice. Full decriminalization of prostitution only stymies existing occupational health and safety standards and securing worker autonomy and equality. Further, to Watson, drawing a distinction between sex trafficking and prostitution is irrelevant for public policy; what underpins them is demand, which fuels the inequalities of both. That is what needs to be addressed. In a rebuttal, Jessica Flanigan contends that sex work should be fully decriminalized because restrictions on the sale and purchase of sex violate the rights of sex workers and their clients. She argues that decriminalization is preferable to policies that could expose sex workers and their clients to criminal penalties, and leave them at the mercy of public officials. Putting these two views on sex work into conversation with one another, and opening up space for readers to weigh both approaches, the book provides a thorough, accessible exploration of the issues surrounding sex work, written with both sympathy and philosophical rigor.
Debating Surrogacy (Debating Ethics)
by Anca Gheaus Christine StraehleSurrogacy is the commissioning of a woman to gestate and give birth to a child for another would-be parent. The practice raises several ethical questions, such as the commodification of the surrogate and of the baby, and the exploitation of the surrogate, issues which have been extensively debated. This book offers a fresh take on surrogacy, by concentrating on questions which bear on its justifiability: Is providing gestational services a permissible way of employing a woman's body? Indeed, is it a legitimate form of work? Are the children born out of surrogacy in any way wronged by surrogacy agreements? In the first part of the book, Christine Straehle proposes an account of surrogacy work as legitimate work for women, as a way to realize certain goals in women's lives through the fruit of their labour. She defends a right to become a surrogate as necessary to protect women's autonomy. Anca Gheaus criticises surrogacy by arguing that it always wrongs children--whether or not it also harms them--by disrespecting them; therefore, gestational services are impermissible. In the second part, Straehle responds to Gheaus, questioning that children are wronged by the practice of surrogacy. Instead, she defends an intentional model of parental rights, which indicates that having a child through surrogacy should count as a ground to assign parental rights. In her response, Gheaus objects that Straehle's view fails to properly account for the interests of either surrogates or children. However, she accepts that women may gestate without the intention to have custody over the newborn, and is therefore open to some kind of post-surrogacy practice that would radically depart, in the allocation of legal parenthood, from any historical or currently proposed form of surrogacy.
Debating Surrogacy (Debating Ethics)
by Anca Gheaus Christine StraehleSurrogacy is the commissioning of a woman to gestate and give birth to a child for another would-be parent. The practice raises several ethical questions, such as the commodification of the surrogate and of the baby, and the exploitation of the surrogate, issues which have been extensively debated. This book offers a fresh take on surrogacy, by concentrating on questions which bear on its justifiability: Is providing gestational services a permissible way of employing a woman's body? Indeed, is it a legitimate form of work? Are the children born out of surrogacy in any way wronged by surrogacy agreements? In the first part of the book, Christine Straehle proposes an account of surrogacy work as legitimate work for women, as a way to realize certain goals in women's lives through the fruit of their labour. She defends a right to become a surrogate as necessary to protect women's autonomy. Anca Gheaus criticises surrogacy by arguing that it always wrongs children--whether or not it also harms them--by disrespecting them; therefore, gestational services are impermissible. In the second part, Straehle responds to Gheaus, questioning that children are wronged by the practice of surrogacy. Instead, she defends an intentional model of parental rights, which indicates that having a child through surrogacy should count as a ground to assign parental rights. In her response, Gheaus objects that Straehle's view fails to properly account for the interests of either surrogates or children. However, she accepts that women may gestate without the intention to have custody over the newborn, and is therefore open to some kind of post-surrogacy practice that would radically depart, in the allocation of legal parenthood, from any historical or currently proposed form of surrogacy.
Debating Targeted Killing: Counter-Terrorism or Extrajudicial Execution? (Debating Ethics)
by Tamar Meisels Jeremy WaldronKnown terrorists are often targeted for death by the governments of Israel and the United States. Several thousand have been killed by drones or by operatives on the ground in the last twenty years. Is this form of killing justified, when hundreds or thousands of lives are possibly at risk at the hands of a known terrorist? Is there anything about it that should disturb us? Ethically-sound and practical answers to these questions are more difficult to come by than it might seem. Renowned political theorists Jeremy Waldron and Tamar Meisels here defend two competing positions on the legitimacy of targeted killing as used in counterterrorism strategy in this riveting and essential for-and-against book. The volume begins with a joint introduction, briefly setting out the terms of discussion, and presenting a short historical overview of the practice: what targeted killing is, and how it has been used in which conflicts and by whom. It then hones in on killings themselves and the element of targeting. The authors tackle difficult and infinitely complex subjects, for example the similarities and differences between targeted killing of terrorists and ordinary killings in combat, and they ask whether targeted killing can be regarded as a law enforcement strategy, or as a hybrid between combat and law enforcement. They compare the practice of targeted killing with assassination and the use of death squads. And they consider the likelihood that targeted killing has been or will be abused against insurgents, criminals, or political opponents. Meisels analyzes the assassination by Israeli operatives of nuclear scientists working for regimes hostile to Israel. Meisels and Waldron carefully consider whether this sort of killing can ever be justified in terms of the danger it, in theory, averts. The conclusions drawn are at once as surprising as they are insightful, cautioning us against a world in which targeted killing is the norm as it proliferates rapidly. This is essential reading not only for students of political and war theory and military personnel, but for anyone interested in or concerned by the future of targeted killing.
DEBATING TARGETED KILLING DEBETH C: Counter-Terrorism or Extrajudicial Execution? (Debating Ethics)
by Jeremy Waldron Tamar MeiselsKnown terrorists are often targeted for death by the governments of Israel and the United States. Several thousand have been killed by drones or by operatives on the ground in the last twenty years. Is this form of killing justified, when hundreds or thousands of lives are possibly at risk at the hands of a known terrorist? Is there anything about it that should disturb us? Ethically-sound and practical answers to these questions are more difficult to come by than it might seem. Renowned political theorists Jeremy Waldron and Tamar Meisels here defend two competing positions on the legitimacy of targeted killing as used in counterterrorism strategy in this riveting and essential for-and-against book. The volume begins with a joint introduction, briefly setting out the terms of discussion, and presenting a short historical overview of the practice: what targeted killing is, and how it has been used in which conflicts and by whom. It then hones in on killings themselves and the element of targeting. The authors tackle difficult and infinitely complex subjects, for example the similarities and differences between targeted killing of terrorists and ordinary killings in combat, and they ask whether targeted killing can be regarded as a law enforcement strategy, or as a hybrid between combat and law enforcement. They compare the practice of targeted killing with assassination and the use of death squads. And they consider the likelihood that targeted killing has been or will be abused against insurgents, criminals, or political opponents. Meisels analyzes the assassination by Israeli operatives of nuclear scientists working for regimes hostile to Israel. Meisels and Waldron carefully consider whether this sort of killing can ever be justified in terms of the danger it, in theory, averts. The conclusions drawn are at once as surprising as they are insightful, cautioning us against a world in which targeted killing is the norm as it proliferates rapidly. This is essential reading not only for students of political and war theory and military personnel, but for anyone interested in or concerned by the future of targeted killing.
Debating the Ethics of Immigration: Is There a Right to Exclude? (Debating Ethics)
by Christopher Heath Wellman Phillip ColeDo states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.
Debating the Faith: Religion and Letter Writing in Great Britain, 1550-1800 (International Archives of the History of Ideas Archives internationales d'histoire des idées #209)
by Anne Dunan-Page and Clotilde PrunierThe first book to address the role of correspondence in the study of religion, Debating the Faith: Religion and Letter Writing in Great Britain, 1550-1800 shows how letters shaped religious debate in early-modern and Enlightenment Britain, and discusses the materiality of the letters as well as questions of form and genre. Particular attention is paid to the contexts in which letters were composed, sent, read, distributed, and then destroyed, copied or printed, in periods of religious tolerance or persecution. The opening section, ‘Protestant identities’, examines the importance of letters in the shaping of British protestantism from the underground correspondence of Protestant martyrs in the reign of Mary I to dissident letters after the Act of Toleration. ‘Representations of British Catholicism’, explores the way English, Irish and Scottish Catholics, whether in exile or at home, defined their faith, established epistolary networks, and addressed political and religious allegiances in the face of adversity. The last part, ‘Religion, science and philosophy’, focuses on the religious content of correspondence between natural scientists and philosophers.
Debating the Political Philosophy of Hegel
by Walter KaufmannFew philosophers have had as much influence as Hegel. When he died in 1831, he not only dominated German philosophy, but also left his mark on the study of religion and art, on historical studies, and on political thought. Much later, Lenin insisted that no one could completely comprehend Karl Marx unless he had first made a thorough study of Hegel. Later, it became fashionable to link Hegel with Nazism and communism. There is today broad agreement that knowledge of Hegel's thought adds a critical dimension to our understanding of recent cultural and political history.This volume, first published in 1970, focuses on Hegel's political philosophy. It brings together ten essays by six authors who present sharply conflicting interpretations. Here are point-by-point discussions, from differing perspectives, on Hegel's philosophy of the state and his ideas about history and war, nationalism and liberty. Never before have these issues been joined in comparable fashion in a single volume.Sidney Hook sees Hegel as "the very model of a small - minded, timid Continental conservative" and accuses him of "the most specious reasoning that ever disgraced a philosopher," and E. F. Carritt argues for a "totalitarian" reading of Hegel, while T. M. Knox and Shlomo Avineri defend Hegel against these and other charges. The book also contains a short contribution by Z. A. Pelczynski and Walter Kaufmann's "The Hegel Myth and Its Method." Walter Kaufmann, an outstanding historian of European ideas in philosophy, furnished an introduction as well as footnotes that help to clarify perplexing issues and in some cases seek to put an end to long-lived errors. His analysis is itself a major contribution to Hegel's political theories.
Debating the Political Philosophy of Hegel
by Walter KaufmannFew philosophers have had as much influence as Hegel. When he died in 1831, he not only dominated German philosophy, but also left his mark on the study of religion and art, on historical studies, and on political thought. Much later, Lenin insisted that no one could completely comprehend Karl Marx unless he had first made a thorough study of Hegel. Later, it became fashionable to link Hegel with Nazism and communism. There is today broad agreement that knowledge of Hegel's thought adds a critical dimension to our understanding of recent cultural and political history.This volume, first published in 1970, focuses on Hegel's political philosophy. It brings together ten essays by six authors who present sharply conflicting interpretations. Here are point-by-point discussions, from differing perspectives, on Hegel's philosophy of the state and his ideas about history and war, nationalism and liberty. Never before have these issues been joined in comparable fashion in a single volume.Sidney Hook sees Hegel as "the very model of a small - minded, timid Continental conservative" and accuses him of "the most specious reasoning that ever disgraced a philosopher," and E. F. Carritt argues for a "totalitarian" reading of Hegel, while T. M. Knox and Shlomo Avineri defend Hegel against these and other charges. The book also contains a short contribution by Z. A. Pelczynski and Walter Kaufmann's "The Hegel Myth and Its Method." Walter Kaufmann, an outstanding historian of European ideas in philosophy, furnished an introduction as well as footnotes that help to clarify perplexing issues and in some cases seek to put an end to long-lived errors. His analysis is itself a major contribution to Hegel's political theories.
Debating the 'Post' Condition in India: Critical Vernaculars, Unauthorized Modernities, Post-Colonial Contentions
by Makarand R. ParanjapeHow was the post-modernist project contested, subverted and assimilated in India? This book offers a personal account and an intellectual history of its reception and response. Tracing independent India’s engagement with Western critical theory, Paranjape outlines both its past and ‘post’. The book explores the discursive trajectories of post-modernism, post-colonialism, post-Marxism, post-nationalism, post-feminism, post-secularism — the relations that mediate them — as well as interprets, in the light of these discussions, core tenets of Indian philosophical thought. Paranjape argues that India’s response to the modernist project is neither submission, willing or reluctant, nor repudiation, intentional or forced; rather India’s ‘modernity’ is ‘unauthorized’, different, subversive, alter-native and alter-modern. The book makes the case for a new integrative hermeneutics, the idea of the indigenous ‘critical vernacular’, and presents a radical shift in the understanding of svaraj (beyond decolonisation and nationalism) to express transformations at both personal and political levels. A key intervention in Indian critical theory, this volume will interest researchers and scholars of literature, philosophy, political theory, culture studies and postcolonial studies.
Debating the 'Post' Condition in India: Critical Vernaculars, Unauthorized Modernities, Post-Colonial Contentions
by Makarand R. ParanjapeHow was the post-modernist project contested, subverted and assimilated in India? This book offers a personal account and an intellectual history of its reception and response. Tracing independent India’s engagement with Western critical theory, Paranjape outlines both its past and ‘post’. The book explores the discursive trajectories of post-modernism, post-colonialism, post-Marxism, post-nationalism, post-feminism, post-secularism — the relations that mediate them — as well as interprets, in the light of these discussions, core tenets of Indian philosophical thought. Paranjape argues that India’s response to the modernist project is neither submission, willing or reluctant, nor repudiation, intentional or forced; rather India’s ‘modernity’ is ‘unauthorized’, different, subversive, alter-native and alter-modern. The book makes the case for a new integrative hermeneutics, the idea of the indigenous ‘critical vernacular’, and presents a radical shift in the understanding of svaraj (beyond decolonisation and nationalism) to express transformations at both personal and political levels. A key intervention in Indian critical theory, this volume will interest researchers and scholars of literature, philosophy, political theory, culture studies and postcolonial studies.