A System of RightsOxford University Press, 1993 - 439 pages The justification of political authority is one of the long-standing issues of political philosophy, and one which persistently defies satisfactory solution. This book sets out to provide an original justification by establishing a background framework for dealing with the problem. Rex Martin begins by identifying the main elements of authority, arguing that they need to be linked in order to create a political authority that can be described as justified. He then sketches a framework - a sample system of political institutions and conceptions which is internally coherent - to link these elements. The rest of the book fills in this outline. Professor Martin argues that rights are established patterns of acting or of being treated and are hence essentially institutional in character. The institutions that tend to be the most supportive, and productive, of individual rights are, he believes, democratic, and the central section of the book is devoted to the connection of rights with majority rule democratic political institutions and conceptions. From this nexus secondary lines of connection are traced to political obligation (or allegiance) and to an eligible justification for using punishment to enforce the rights of individuals. Thus Professor Martin's analysis forms a distinctive and systematic approach to one particular state of government. This rethinking of some of the main topics of political theory is long overdue; it yields some striking conclusions about both the nature of rights and the nature of political authority itself. |
From inside the book
Results 1-5 of 71
Page 2
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 57
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 67
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 77
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 84
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Contents
Introduction | 1 |
1 On the Logic of Justifying Political Authority | 5 |
2 The Concept of Rights | 24 |
3 Rights as Valid Claims | 51 |
4 Human Rights | 73 |
5 Civil Rights | 98 |
6 Democratic Institutions | 127 |
7 Democracy and Rights | 152 |
10 Modes of Punishment | 251 |
11 The Right of Inmates to Work | 280 |
12 A System of Rights | 303 |
13 Critical Justification | 323 |
Notes to Chapters | 340 |
Addendum to Chapter 7 | 413 |
Select Bibliography | 417 |
433 | |
Other editions - View all
Common terms and phrases
acting action adjudged violators analysis appropriate argued argument basic civil disobedience civil rights laws coercive compensation conception conduct conflict considerations constitutional rights critical moral crucial decision democracy democratic democratic institutions determinate direct democracy discussion effect elements example Feinberg given grounds Hart hence Hohfeld human rights idea identified important individual infringed inmates insofar interests involved issue justified least legal right liberty majority rule matter mens rea ment mode of punishment moral rights morally valid claims mutual perceived benefit natural rights nonetheless normative direction notion options particular penalty person Philosophy political authority practice present chapter presumably principle priority prison question rationale Rawls's Rawlsian reason recognition relevant restricted rightholder sanctions second parties sect simply social society sort specific standard system of rights T. H. Green telishment theoretic system theory Theory of Justice things tion treated U.S. Constitution utilitarianism voters weight