The Nature And Scope Of Individual Rights

The Nature and Scope of Individual Rights provides historical context for the cases, articles and wide range of materials presented throughout the book. Readers explore how theories of social freedom and governance were developed and articulated in national debates on the most controversial matters of law and social science. Comparing specific legislation with purported state interests yields insights into judicial processes in those areas where law appears to operate without an obvious correlation between ends and means. The book covers topics related to military conscription, euthanasia, capital punishment, monogamy, incest, marital and statutory rape, race, gender, sexual orientation, workplace privacy, and public response to the Patriot Act, as changes in domestic surveillance and telecommunications technology continue to transform the dialogue around privacy. Barnes ultimately encourages readers to consider how many of these debates are consistent with (or even worthy of) our highest aspirations in relation to liberty, autonomy and governance for the general welfare. "Most law professors skip topics because of the fear of making our students uncomfortable... The genius of Barnes' book is that it brings together so many of these topics that they become safer to cover... The materials are well-chosen and obviously provocative. The issues are central to our conception of self, family and society, and the concepts of right and wrong that animate the relationships. So, the only remaining question is: Do you have the courage to teach this course?" -- Matthew Spitzer, University of Southern California Law School "Professor Barnes is to be credited with constructing a textbook that is relevant in every sense of the term. Students learn best when they feel that they are learning issues that impact their own lives. The subset of constitutional law that is the focus of Professor Barnes' book -- intimate individual rights -- and the author's choice of materials will foster precisely this type of classroom experience." -- Terry Smith, Fordham University School of Law

A major re-evaluation of the history of our thinking about rights.

This study begins with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national, no less than personal, interests. That assumption might seem to demand a pacifist rejection of all war, for any sustained war effort requires military operations that predictably kill many non-combatants, most of whom presumably have a right not to be killed. Yet the book concludes that sometimes recourse to war is justified. Its argument relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory.

With the notion of individual rights as important in moral and political theory now as it has ever been, there is renewed speculation over the origins and development of this concept. Liberty, Right and Nature is a work of unusual scope and power that takes a fresh look at this intellectual tradition, and deploys an enormous range of further sources in order to reassess our understanding of its development, beginning with the texts of the thirteenth century poverty controversy and ending with a discussion of Thomas Hobbes' theory of natural rights.

Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

The link between health and human rights has been recognised for many years, but the increasing visibility of the right to health in international law has been a distinct feature of the last decade. It has been embraced by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions as a tool to address health inequalities at the local and global level, in matters ranging from access to medicines and the availability of affordable health care to sexual and reproductive health. But it has equally been the subject of derision and scorn by human rights sceptics who have described it as lacking foundation, nebulous, and incapable of implementation. This book seeks to offer a comprehensive discussion of the status and meaning of the right to health in international law. It traces the history of this right to reveal its nexus with public health and the long-standing recognition that a State has a responsibility to attend to the health needs of its population. It also offers a theoretical account of its conceptual foundations which challenges the position held by many philosophers that health is undeserving of the status of a human right. By developing an interpretative methodology, the book provides a persuasive account of the meaning of the right to health and the obligations it imposes on States. This process reveals an understanding of the right to health that, while challenging, remains practical and capable of guiding States that are genuinely committed to addressing the health needs of their population.

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.

The Encyclopedia of Applied Ethics, Second Edition, Four Volume Set addresses both the physiological and the psychological aspects of human behavior. Carefully crafted, well written, and thoroughly indexed, the encyclopedia helps users - whether they are students just beginning formal study of the broad field or specialists in a branch of psychology - understand the field and how and why humans behave as we do. The work is an all-encompassing reference providing a comprehensive and definitive review of the field. A broad and inclusive table of contents ensures detailed investigation of historical and theoretical material as well as in-depth analysis of current issues. Several disciplines may be involved in applied ethics: one branch of applied ethics, for example, bioethics, is commonly explicated in terms of ethical, legal, social, and philosophical issues. Editor-in-Chief Ruth Chadwick has put together a group of leading contributors ranging from philosophers to practitioners in the particular fields in question, to academics from disciplines such as law and economics. The 376 chapters are divided into 4 volumes, each chapter falling into a subject category including Applied Ethics; Bioethics; Computers and Information Management; Economics/Business; Environmental Ethics; Ethics and Politics; Legal; Medical Ethics; Philosophy/Theories; Social; and Social/Media. Concise entries (ten pages on average) provide foundational knowledge of the field Each article will features suggested readings pointing readers to additional sources for more information, a list of related websites, a 5-10 word glossary and a definition paragraph, and cross-references to related articles in the encyclopedia Newly expanded editorial board and a host of international contributors from the US, Australia, Belgium, Canada, France, Germany, Ireland, Israel, Japan, Sweden, and the United Kingdom The 376 chapters are divided into 4 volumes, each chapter falling into a subject category including Applied Ethics; Bioethics; Computers and Information Management; Economics/Business; Environmental Ethics; Ethics and Politics; Legal; Medical Ethics; Philosophy/Theories; Social; and Social/Media