In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights.

This important new book develops a new concept of autonomy. The notion of autonomy has emerged as central to contemporary moral and political philosophy, particularly in the area of applied ethics. professor Dworkin examines the nature and value of autonomy and uses the concept to analyse various practical moral issues such as proxy consent in the medical context, paternalism, and entrapment by law enforcement officials.

Are liberalism and perfectionism compatible? In this study Steven Wall presents and defends a perfectionist account of political morality that takes issue with many currently fashionable liberal ideas but retains the strong liberal commitment to the ideal of personal autonomy. He begins by critically discussing the most influential version of anti-perfectionist liberalism, examining the main arguments that have been offered in its defence. He then clarifies the ideal of personal autonomy, presents an account of its value and shows that a strong commitment to personal autonomy is fully compatible with an endorsement of perfectionist political action designed to promote valuable pursuits and discourage base ones.

In recent years the concepts of individual autonomy and political liberalism have been the subjects of intense debate, but these discussions have occurred largely within separate academic disciplines. Autonomy and the Challenges to Liberalism contains essays devoted to foundational questions regarding both the notion of the autonomous self and the nature and justification of liberalism. Written by leading figures in moral, legal and political theory, the volume covers inter alia the following topics: the nature of the self and its relation to autonomy, the social dimensions of autonomy and the political dynamics of respect and recognition, and the concept of autonomy underlying the principles of liberalism.

Autonomy has recently become one of the central concepts in contemporary moral philosophy and has generated much debate over its nature and value. This was the first volume to bring together essays that address the theoretical foundations of the concept of autonomy, as well as essays that investigate the relationship between autonomy and moral responsibility, freedom, political philosophy, and medical ethics. Written by some of the most prominent philosophers working in these areas today, this book represents research on the nature and value of autonomy that will be essential reading for a broad swathe of philosophers as well as many psychologists.

This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law.

Moral theories can be distinguished, not only by the answers they give, but also by the questions they ask. Utilitarianism's central commitment is to the promotion of well-being, impartially considered. This commitment shapes utilitarianism in a number of ways. If scarce resources should be directed where they will best promote well-being, and if theoretical attention is a scarce resource, then moral theorists should focus on topics that are most important to the future promotion of well-being. A theme of this Element is that, as times change, the priorities (both practical and theoretical) of utilitarianism also change. Questions that were once theoretical curiosities move centre stage. And themes from earlier utilitarians that have become unfashionable may come to the fore again. Utilitarianism is a living tradition, not an abstract set of timeless principles or a purely historical artefact.

Jeremy Waldron here attempts to restore the good name of legislation in political theory. Focused in particular on the writings of Aristotle, Locke and Kant, this book recovers and highlights ways of thinking about legislation that present it as a dignified mode of governance and a respectable source of law. The focus is particularly on legislation by assemblies, large gatherings of representatives who air their disagreements in ferocious debate and make laws by deliberation and voting. Jeremy Waldron has published extensively in law, philosophy and political theory. Here he presents a unique study of the place of legislation in the canon of political thought - a study which emphasises the positive features of democracy and representative assemblies. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.

Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: Law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.

This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradition, the natural law account of practical reason, normativity and ethics, natural law approaches to legal obligation and authority and constitutional law. Creating a dialogue between leading figures in natural law thought, the Companion is an ideal introduction to the main commitments of natural law jurisprudence, whilst also offering a concise summary of developments in current scholarship for more advanced readers.

Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.

This is a major new study of Kant's ethics that will transform the way students and scholars approach the subject in future. Allen Wood argues that Kant's ethical vision is grounded in the idea of the dignity of the rational nature of every human being. Undergoing both natural competitiveness and social antagonism the human species, according to Kant, develops the rational capacity to struggle against its impulses towards a human community in which the ends of all are to harmonize and coincide. The distinctive features of the book are twofold. First, it focuses for the first time on the central role played in Kant's ethical theory by the value of rational nature as an end itself. Second, it shows the importance of Kant's systematic theory of human nature and history, and its implications for the structure, formulation, and application of Kant's moral principles. This comprehensive study will be of critical importance to students of moral philosophy, the history of ideas, political theory, and religious studies.

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

Ronald Dworkin occupies a distinctive place in both public life and philosophy. In public life, he is a regular contributor to The New York Review of Books and other widely read journals. In philosophy, he has written important and influential works on many of the most prominent issues in legal and political philosophy. In both cases, his interventions have in part shaped the debates he joined. His opposition to Robert Bork's nomination for the United States Supreme Court gave new centrality to debates about the public role of judges and the role of original intent in constitutional interpretation. His writings in legal philosophy have reoriented the modern debate about legal positivism and natural law. In political philosophy, he has shaped the ways in which people debate the nature of equality and has reframed debates about the sanctity of life.

Written in an outstandingly clear and lively style, this 1969 book provokes its readers to rethink issues they may have regarded as long since settled.

In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.
Demonstrates how a genre as seemingly remote from law as film can further our understanding of constitutional disputes
Investigates the links between cultural identity and the rule of law in the Hong Kong context, furthering our knowledge of the relationship between law and cultural identity
Provides historically-grounded and nuanced interpretations of film texts and enables readers to appreciate film from a renewed and renewing perspective

Powers of Freedom, first published in 1999, offers a compelling approach to the analysis of political power which extends Foucault's hypotheses on governmentality in challenging ways. Nikolas Rose sets out the key characteristics of this approach to political power and analyses the government of conduct. He analyses the role of expertise, the politics of numbers, technologies of economic management and the political uses of space. He illuminates the relation of this approach to contemporary theories of 'risk society' and 'the sociology of governance'. He argues that freedom is not the opposite of government but one of its key inventions and most significant resources. He also seeks some rapprochement between analyses of government and the concerns of critical sociology, cultural studies and Marxism, to establish a basis for the critique of power and its exercise. The book will be of interest to students and scholars in political theory, sociology, social policy and cultural studies.