The Constitution of Interests: Beyond the Politics of Rights

If you are a seller for this product, would you like to suggest updates through seller support? This book is the clearest statement yet of the newest research direction, one that takes as its key words, 'constitute, ' 'discourse, ' and 'practice. The theme is well conceived and argued. It is thought provoking and informative.

The author has done his homework. Usually, this is accomplished by asserting that law is a creature of politics, with legal doctrines serving as a mere medium for the conveyance of normative political preferences. In The Constitution of Interests, however, Professor Brigham demonstrates that the causal arrow also points in the opposite direction.

Political and ideological movements can be understood as products of the very legal concepts that they seek to transcend. Brigham's thesis is thoughtful, carefully constructed, and tantalizing in its implications. This text examines the effects of law on politics and the ways in which political life finds its expression in a surprising variety of legal forms.

Read more Read less. Credit offered by NewDay Ltd, over 18s only, subject to status. See all free Kindle reading apps. Start reading The Constitution of Interests: Under laws in such a system, business owners could refuse service to anyone for whatever reason. Opponents argue that such practices are regressive and would lead to greater prejudice within society. Right-libertarians sympathetic to freedom of association, such as Richard Allen Epstein , respond that in a case of refusing service which thus is a case of the freedom of contract unjustified discrimination incurs a cost and therefore a competitive disadvantage.

Human Rights

Left-libertarians argue that such refusal would place those businesses at an economic disadvantage to those that provide services to all, making them less profitable and eventually leading them to close down. Libertarians also argue that freedom of association, in a political context, is merely the extension of the right to determine with whom to associate in one's personal life. For example, somebody who valued good manners or etiquette may not relish associating with someone who was not decent or was uncouth.

Or, those opposed to homosexuality may not enjoy associating with gay people. In both instances, a person is voluntarily deciding with whom to associate, based on volition. Libertarians believe that freedom of association, in the political sphere, is not such a fanciful or unrealistic notion [ citation needed ] , since individual human beings already choose with whom they would like to associate based on a variety of reasons.

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Libertarians also hold a strong opinion [ citation needed ] on labour unions, and some support the workers right to choose in an election whether to join a labour union or not. Right to work legislation has been a hot topic of debate within the party, with a majority of Libertarians opposing the legislation [ citation needed ].

Among libertarians there is no fixed view of unions beyond the principle of freedom of association. Gary Johnson, who won the Libertarian presidential nomination in , presents this principle one way when he is quoted as saying in a Reddit interview [ citation needed ] "No worker is forced to take a job in a union shop. If the workers who came before them made the decision to organize into a labour union, they did it for a reason. It might be unfair working conditions, unfair wages, favoritism, or general inequality in the workplace.

Otherwise, the conditions which have been corrected by the presence of a Union will deteriorate. Some critics allege that such breaches have frequently been the case with union activity. From Wikipedia, the free encyclopedia. Not to be confused with The Freedom Association. Constitution of South Africa Chapter 2: Age of Enlightenment Aristotelianism Classical liberalism.

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Agorism Anarchism Anarcho-capitalism Autarchism Christian libertarianism Collectivist anarchism Consequentialist libertarianism Free-market anarchism Fusionism Geolibertarianism Georgism Green anarchism Green libertarianism Individualist anarchism Insurrectionary anarchism Left-libertarianism Left-wing market anarchism Libertarian communism Libertarian Marxism Libertarian socialism Libertarian transhumanism Minarchism Mutualism Natural-rights libertarianism Paleolibertarianism Panarchism Right-libertarianism Social anarchism Voluntaryism.

Austrian School of economics Civil libertarianism Constitutionalism Economic liberalism Libertarian conservatism Libertarian Democrat Libertarian hip hop Libertarian Republican Libertarian science fiction Libertarian transhumanism Libertarianism in the United States Objectivism Public choice theory Small government Technolibertarianism. Human rights portal Libertarianism portal. The official website of the Presidency of the Italian Republic.

Freedom of association - Wikipedia

Archived from the original on Change 5 Archived at the Wayback Machine. Retrieved 1 April What is considered a human right is controversial and not all the topics listed are universally accepted as human rights. Cannabis rights Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Freedom from cruel and unusual punishment Freedom from discrimination Freedom from exile Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid Liberty LGBT rights Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right of self-defense Security of person Universal suffrage.

Economic, social and cultural. Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to housing Right to Internet access Right to property Right to public participation Right of reply Right of return Right to science and culture Right to social security Right to water Right to work Trade union membership.

Civilian Combatant Freedom from genocide Prisoner of war Wartime sexual violence. Retrieved from " https: The Roman Catholic Relief Act restored their civil rights. In the s, Americans adapted this usage to newly freed blacks. Congress enacted civil rights acts in , , , , , , , and Marshall notes that civil rights were among the first to be recognized and codified, followed later by political rights and still later by social rights.

In many countries, they are constitutional rights and are included in a bill of rights or similar document. They are also defined in international human rights instruments , such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Civil and political rights need not be codified to be protected, although most democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are considered to be natural rights. Thomas Jefferson wrote in his A Summary View of the Rights of British America that "a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate.

The question of to whom civil and political rights apply is a subject of controversy. In many countries, citizens have greater protections against infringement of rights than non-citizens; at the same time, civil and political rights are generally considered to be universal rights that apply to all persons. According to political scientist Salvador Santino F. Custom also plays a role. Implied or unenumerated rights are rights that courts may find to exist even though not expressly guaranteed by written law or custom; one example is the right to privacy in the United States , and the Ninth Amendment explicitly shows that there are other rights that are also protected.

The United States Declaration of Independence states that people have unalienable rights including "Life, Liberty and the pursuit of Happiness". It is considered by some that the sole purpose of government is the protection of life, liberty and property. Ideas of self-ownership and cognitive liberty affirm rights to choose the food one eats, [10] [11] [12] the medicine one takes , [13] [14] [15] the habit one indulges.

Civil rights guarantee equal protection under the law. When civil and political rights are not guaranteed to all as part of equal protection of laws , or when such guarantees exist on paper but are not respected in practice, opposition, legal action and even social unrest may ensue. Some historians suggest that New Orleans was the cradle of the civil rights movement in the United States, due to the earliest efforts of Creoles to integrate the military en masse. Claiborne, appointed by Thomas Jefferson to be governor of the Territory of Orleans, formally accepted delivery of the French colony on December 20, Free men of colour had been members of the militia for decades under both Spanish and French control of the colony of Louisiana.

They volunteered their services and pledged their loyalty to Claiborne and to their newly adopted country. Despite this, in early , the new U. Civil rights movements in the United States gathered steam by with such documents as the Declaration of Sentiment. Worldwide, several political movements for equality before the law occurred between approximately and These movements had a legal and constitutional aspect, and resulted in much law-making at both national and international levels.

They also had an activist side, particularly in situations where violations of rights were widespread. Movements with the proclaimed aim of securing observance of civil and political rights included:. Most civil rights movements relied on the technique of civil resistance , using nonviolent methods to achieve their aims.

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While civil rights movements over the last sixty years have resulted in an extension of civil and political rights, the process was long and tenuous in many countries, and many of these movements did not achieve or fully achieve their objectives. Questions about civil and political rights have frequently emerged.