In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever. "Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.
This volume of essays by one of America's preeminent philosophers in the area of jurisprudence and moral philosophy gathers together fourteen papers that had been published in widely scattered and not readily accessible sources. All of the essays deal with the political ideals of liberty and justice or with hard cases for the application of the concept of a right. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.
Martin provides an original solution to the issue of the justification of political authority, by constructing a model political system in which certain kinds of political rights are emphasised, and discussing the implications of such a system.
Moral Ground brings together the testimony of over eighty visionaries—theologians and religious leaders, scientists, elected officials, business leaders, naturalists, activists, and writers—to present a diverse and compelling call to honor our individual and collective moral responsibility to our planet. In the face of environmental degradation and global climate change, scientific knowledge alone does not tell us what we ought to do. The missing premise of the argument and much-needed center piece in the debate to date has been the need for ethical values, moral guidance, and principled reasons for doing the right thing for our planet, its animals, its plants, and its people. Contributors from throughout the world (including North America, Africa, Australia, Asia, and Europe) bring forth a rich variety of heritages and perspectives. Their contributions take many forms, illustrating the rich variety of ways we express our moral beliefs in letters, poems, economic analyses, proclamations, essays, and stories. In the end, their voices affirm why we must move beyond a scientific study and response to embrace an ongoing model of repair and sustainability. These writings demonstrate that scientific analysis and moral conviction can work successfully side-by-side. This is a book that can speak to anyone, regardless of his or her worldview, and that also includes a section devoted to “what next” thinking that helps the reader put the words and ideas into action in their personal lives. Thanks to generous support from numerous landmark organizations, such as the Kendeda Fund and Germeshausen Foundation, the book is just the starting point for a national, and international, discussion that will be carried out in a variety of ways, from online debate to “town hall” meetings, from essay competitions for youth to sermons from pulpits in all denominations. The “Moral Ground movement” will result in a newly discovered, or rediscovered, commitment on a personal and community level to consensus about our ethical obligation to the future. Contributors include: Fred W. Allendorf, Bartholomew I, Mary Catherine Bateson, Thomas Berry, Wendell Berry, Marcus J. Borg, J. Baird Callicott, Courtney S. Campbell, F. Stuart Chapin III, Robin Morris Collin, Michael M. Crow, Dalai Lama, Alison Hawthorne Deming, Brian Doyle, David James Duncan, Massoumeh Ebtekar, Jesse M. Fink, Dave Foreman, Thomas L. Friedman, James Garvey, Thich Nhat Hanh, Paul Hawken, Bernd Heinrich, Linda Hogan, bell hooks, Dale Jamieson, Derrick Jensen, John Paul II, Martin S. Kaplan, Angayuqaq Oscar Kawagley, Stephen R. Kellert, Robin W. Kimmerer, Barbara Kingsolver, Shepard Krech III, Ursula K. Le Guin, Hank Lentfer, Carly Lettero, Oren Lyons, Wangari Maathai, Sallie McFague, Bill McKibben, Katie McShane, Curt Meine, Ming Xu, N. Scott Momaday, Kathleen Dean Moore, Hylton Murray-Philipson, Gary Paul Nabhan, Seyyed Hossein Nasr, Michael P. Nelson, Barack Obama, Ernest Partridge, John Perry, Edwin P. Pister, Carl Pope, Robert Michael Pyle, David Quammen, Daniel Quinn, Kate Rawles, Tri Robinson, Libby Roderick, Holmes Rolston III, Deborah Bird Rose, Jonathan F. P. Rose, Carl Safina, Scott Russell Sanders, Lauret Savoy, Nirmal Selvamony, Ismail Serageldin, Peter Singer, Sulak Sivaraksa, Gary Snyder, James Gustave Speth, Brian Swimme, Bron Taylor, Paul B. Thompson, George Tinker, Joerg Chet Tremmel, Quincy Troupe, Mary Evelyn Tucker, José Galizia Tundisi, Brian Turner, Desmond Tutu, Steve Vanderheiden, John A. Vucetich, Kimberly A. Wade-Benzoni, Sheila Watt-Cloutier, Alan Weisman, Terry Tempest Williams, E. O. Wilson, and Xin Wei.
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
This edition aims to make Margaret Cavendish’s most mature philosophical work more accessible to students and scholars of the period. Grounds of Natural Philosophy is important not only because it is Cavendish’s final articulation of her metaphysics but also because it succinctly outlines her fundamental views on “the nature of nature”—or the base substance and mechanics of all natural matter—and vividly demonstrates her probabilistic approach to philosophical enquiry. Moreover, Grounds spends considerable time discussing the human body, including the functions of the mind, a topic of growing interest to both historians of philosophy and literary scholars. This Broadview Edition opens to modern readers a vibrant, unique, and provocative voice of the past that challenges our standard view of seventeenth-century English philosophy.
