https://link.springer.com/content/pdf/10.2307%2F3343168.pdf

Development as Freedom

1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

政治自由主义 = Political liberalism

The Machiavellian Moment: Florentine Political Thought and the Atlantic Republican Tradition

The Rights of Others: Aliens, Residents, and Citizens. By Seyla Benhabib. New York: Cambridge University Press, 2004. 251p. $65.00 cloth, $23.99 paper. Between 1910 and 2000, the world's population more than tripled, from 1.6 to 5.3 billion. The number of persons who live as migrants in countries other than those in which they were born increased nearly sixfold, from 33 million to 175 million, and more than half of this increase has occurred since 1965. Almost 20 million of these are refugees, asylum seekers, and internally displaced persons. In her book, Seyla Benhabib grapples with both the political and moral implications of this rapid increase in transnational migration, arguing that the central principles that shape our thinking about political membership and state sovereignty are in tension, if not outright contradiction, with one another. “From a philosophical point of view,” she writes, “transnational migrations bring to the fore the constitutive dilemma at the heart of liberal democracies: between sovereign self-determination claims on the one hand and adherence to universal human rights principles on the other” (p. 2). She argues for an internal reconstruction of both, underscoring the significance of membership in bounded communities, while at the same time promoting the cultivation of democratic loyalties that exceed the national state, supporting political participation on the part of citizens and noncitizen residents alike.

The Rights of Others: Aliens, Residents, and Citizens

Values in the EU Charter of Fundamental Rights : A Legal-Philosophical Analysis with a Focus on Migrants’ Rights

Confini morali : un argomento politico per l'etica della cura

Equal chances and equal options: two conceptions of equality of opportunity

The recent developments in genetics have made new methods of modification available that enable a hitherto inconceivable degree of control over man’s inner na-ture to be exercised. The suitability of the use of these methods and the manners in which they are used, especially in the framework of human reproduction, raise an ethical and moral question. This article starts from the liberal assumption that the only reason for restricting personal freedom, and thus the freedom to access these new methods, by imposing prohibitions and limitations is to prevent unacceptable harm. It then considers the pros and cons, both direct and indirect, that may derive from the use of these new methods, which could rely on the arguments that lead to the legislative regulation of the field. Lastly, it offers some opinions, based on a liberal-social democratic conception of jus-tice, about the directives that are intended to act as guidelines for the legislative regu-lation of access to new methods of genetic engineering.

N. Riva

Papers

Values in the EU Charter of Fundamental Rights : A Legal-Philosophical Analysis with a Focus on Migrants’ Rights

Confini morali : un argomento politico per l'etica della cura

Equal chances and equal options: two conceptions of equality of opportunity

Genetica, diritti e giustizia. Nuove tecniche d' intervento genetico e riproduzione umana

Eguaglianza delle opportunità