J. Angelo Corlett, "Race, Rights, and Justice (Law and Philosophy Library)"
Pages: 230 | PDF | Kluwer Academic Publishers; Auflage: 1 (Mai 2009) | ISBN: 1402096518 | 1 MB
"Race, Rights, and Justice" explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H. L. A. Hart on the possibility and desirability of international law are carefully explicated. Following this, "Race, Rights, and Justice" defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. 'In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates' - Larry May, Washington University in St. Louis, USA. 'Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation' - Burleigh T. Wilkins, University of California, Santa Barbara, USA.
In light of today's problems of global concern, "Race, Rights and Justice" is a timely philosophy book that addresses contemporary problems of the nature of law, international law and global justice, and individual and group rights. It introduces readers to different conceptions of the nature of law, and argues that the best theory of law is a Dworkinian - based one that sees law as in part what judges say it is, at least in hard cases, as judges must sometimes interpret the law. But unlike Ronald Dworkin's theory, "Race, Rights and Justice" places no restrictions on which laws, in principle, might be questioned for their validity. It also addresses leading theories of global justice within the framework of rights-based theories, and concludes that cosmopolitan criticisms of John Rawls' "Law of Peoples" are unfounded as they rely both on a problematic notion of equality and a dubious idea of rights. This book also provides analysis of both individual and group rights, and addresses from an indigenous perspective the growing problem of humanitarian intervention. It is highly recommended reading both for specialists in philosophy and law, as well as their students.
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