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The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
In the twenty-first century there are two ways to study logic. The more recent approach is symbolic logic. The history of teaching logic since World War II, however, casts doubt on the idea that symbolic logic is best for a first logic course. Logic as a Liberal Art is designed as part of a minority approach, teaching logic in the "verbal" way, in the student's "natural" language, the approach invented by Aristotle. On utilitarian grounds alone, this "verbal" approach is superior for a first course in logic, for the whole range of students. For millennia, this "verbal" approach to logic was taught in conjunction with grammar and rhetoric, christened the trivium. The decline in teaching grammar and rhetoric in American secondary schools has led Dr. Rollen Edward Houser to develop this book. The first part treats grammar, rhetoric, and the essential nature of logic. Those teachers who look down upon rhetoric are free, of course, to skip those lessons. The treatment of logic itself follows Aristotle's division of the three acts of the mind (Prior Analytics 1.1). Formal logic is then taken up in Aristotle's order, with Parts on the logic of Terms, Propositions, and Arguments. The emphasis in Logic as a Liberal Art is on learning logic through doing problems. Consequently, there are more problems in each lesson than would be found, for example, in many textbooks. In addition, a special effort has been made to have easy, medium, and difficult problems in each Problem Set. In this way the problem sets are designed to offer a challenge to all students, from those most in need of a logic course to the very best students.
9. Rights in conflict
Michael Freeden explores the concept of liberalism, one of the longest-standing and central political theories and ideologies. Combining a variety of approaches, he distinguishes between liberalism as a political movement, as a system of ideas, and as a series of ethical and philosophical principles.
In the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.
This book makes a significant contribution to the tradition of liberal political theory: it explores the foundations and limits of the idea of equality within that theory and offers a sustained argument for a persuasive new view of liberalism. Liberal thinking has always displayed a tension between the claims of liberty and those of equality. Professor Gutmann examines the contributions of liberal theorists from Locke to Rawls on the subject of two kinds of equality - equality of opportunity to participate and the equal distribution of economic goods. Valuing both, she shows that, far from being alternatives, the two ideals are compatible to a much greater degree than has previously been thought. Liberal Equality restores egalitarianism to political theory in a way that will forcefully challenge its critics to deeper reflection.
"The Lost History of Liberalism challenges our most basic assumptions about a political creed that has become a rallying cry - and a term of derision - in today's increasingly divided public square. Taking readers from ancient Rome to today, Helena Rosenblatt traces the evolution of the words "liberal" and "liberalism," revealing the heated debates that have taken place over their meaning. In this timely and provocative book, Rosenblatt debunks the popular myth of liberalism as a uniquely Anglo-American tradition centered on individual rights. It was only during the Cold War and America's growing world hegemony that liberalism was refashioned into an American ideology focused so strongly on individual freedoms."--
An insightful and passionately written book explaining why a return to Enlightenment ideals is good for the world "Beginning with the simple but fertile idea that people should not push other people around, Deirdre McCloskey presents an elegant defense of 'true liberalism' as opposed to its well-meaning rivals on the left and the right. Erudite, but marvelously accessible and written in a style that is at once colloquial and astringent."--Stanley Fish The greatest challenges facing humankind, according to Deirdre McCloskey, are poverty and tyranny, both of which hold people back. Arguing for a return to true liberal values, this engaging and accessible book develops, defends, and demonstrates how embracing the ideas first espoused by eighteenth-century philosophers like Locke, Smith, Voltaire, and Wollstonecraft is good for everyone. With her trademark wit and deep understanding, McCloskey shows how the adoption of Enlightenment ideals of liberalism has propelled the freedom and prosperity that define the quality of a full life. In her view, liberalism leads to equality, but equality does not necessarily lead to liberalism. Liberalism is an optimistic philosophy that depends on the power of rhetoric rather than coercion, and on ethics, free speech, and facts in order to thrive.
Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
"One of the most important political books of 2018."—Rod Dreher, American Conservative Of the three dominant ideologies of the twentieth century—fascism, communism, and liberalism—only the last remains. This has created a peculiar situation in which liberalism’s proponents tend to forget that it is an ideology and not the natural end-state of human political evolution. As Patrick Deneen argues in this provocative book, liberalism is built on a foundation of contradictions: it trumpets equal rights while fostering incomparable material inequality; its legitimacy rests on consent, yet it discourages civic commitments in favor of privatism; and in its pursuit of individual autonomy, it has given rise to the most far-reaching, comprehensive state system in human history. Here, Deneen offers an astringent warning that the centripetal forces now at work on our political culture are not superficial flaws but inherent features of a system whose success is generating its own failure.