Community and collective rights : a theoretical framework for rights held by groups /
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| Author / Creator: | Newman, Dwight G. (Dwight Gordon), 1976- |
|---|---|
| Imprint: | Oxford ; Portland, Or. : Hart Pub., 2011. |
| Description: | xiv, 243 p. ; 24 cm. |
| Language: | English |
| Series: | Law and practical reason ; v. 2 Law and practical reason ; v. 2. |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/8452661 |
Table of Contents:
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of Conventions, Treaties etc
- Part I. The Existence of Collective Moral Rights
- 1. Introduction
- I. The Moral Plausibility of Collective Rights
- II. Context of this Argument
- III. Boundaries and Assumptions
- IV. Inadequacy of Kymlicka's Theory of Group-Differentiated Rights
- V. Approach and Structure
- 2. Collectivities as Moral Rights-Holders
- I. Introduction
- II. Supervenience and Collectivities
- III. Dworkin's Account of Community
- IV. Extending Dworkin's Deep Personification
- V. Collective Responsibilities and Collective Rights
- 3. Collective Interests and Collective Rights
- I. Introduction
- II. Interests and Collectivities
- III. Non-Aggregative Collective Interests
- IV. Collective Interests and Goods
- V. The Necessary Existence of Collective Rights
- Part II. Moral Conditions for Collective Rights
- 4. Conflicting Rights
- I. Introduction: The Specification Pincer
- II. Claims for the Non-Necessity of Conflicts
- III. Rejecting Compossibility
- IV. The Pervasive Compatibility of Individual and Collective Rights
- IV. Toward a Compatibility Approach
- 5. The Service Principle
- I. Introduction
- II. The Humanistic Principle and the Service Principle
- III. The Service Principle and Community Legitimacy
- IV. The Service Principle and Individual Autonomy
- V. The Service Principle and Community Survival
- VI. Demands of the Service Principle: Sufficient Regard and Vulnerable Insiders
- 6. The Mutuality Principle
- I. Introduction
- II. Imposed Constraints on Groups
- III. Toward a Mutaality Principle
- IV. Internally-Limited Self-Determination
- V. Coordinating Collectivities
- 7. Rights to Exit and Membership Control
- I. Introduction
- II. Functions of Exit
- III. Acceptable Bundles of Exit and Voice
- IV. The Mutuality Principle and Membership Control
- Part III. Realising Collective Rights
- 8. Imperfect Collectivities
- I. Introduction
- II. Partial Compliance and the Approximation Principle
- III. Political Duties to Encourage Compliance with the Community Conditions
- IV. Political Duties to Foster Civil Society
- 9. Toward a Community of Communities
- I. Introduction
- II. Principled Deference and Principled Interference
- III. Principled Contestation
- IV. Emerging Applications
- V. A Community of Communities
- Index
