Download A Debate Over Rights: Philosophical Enquiries by Matthew Kramer, N. E. Simmonds, Hillel Steiner PDF

By Matthew Kramer, N. E. Simmonds, Hillel Steiner

ISBN-10: 0585372284

ISBN-13: 9780585372280

This number of essays kinds a full of life debate over the elemental features of felony and ethical rights. The essays study no matter if rights essentially shield members' pursuits or whether or not they as a substitute essentially permit participants to make offerings.

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Such a justification of public authority constrains the way in which it must be exercised. If the right of government to exercise public authority rests on the dignity of all who are subject to it, then public authority contains its own internal standard of moral adequacy. The exercise of public authority conforms to the terms of its justification to the extent that it is directed toward bringing the existing legal order into the deepest possible conformity with its internal moral standard – human dignity under law.

Nazism cast off every legal norm and procedure that secured the dignity of private persons in relation to one another until violence was the only aspect of law that remained, which is to say that there was no law at all. While Chapter 3 concerns the distinction between public authority and private violence, Chapter 4 concerns the distinction between just and unjust exercises of public authority. A distinguishing feature of contemporary political and legal theory is its rejection of earlier approaches that sought either to justify existing societies, which are to varying extents mired in injustice, or to explicate the nature of a perfectly just society.

So long as human dignity and public law are not explored together, each remains an isolated mystery. Someone might object that the unified theory is circular because human dignity is explicated in terms of public law, which is, in turn, explicated in terms of human dignity. The sin of a circular argument is that the conclusion simply reiterates the premises. An argument in which the output merely restates the input proves nothing, even if the inputs are true. The unified theory of public law is not circular in this sense because its conclusions do not simply restate the bare concept of human dignity.

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