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 isset forth and defended. The respective words of Immanuel Kant and H.L.A. Harton 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. Infuses elements of critical race theory into the mainstream analytical philosophy discussion of the nature of law Shows how R. Dworkin’s theory of law is really based on USA former Supreme Court Justice B. Cardozo’s theory of law(1921) Provides the philosophical analysis of the requirements for an international system of justice INDICE: Preface. Introduction. Part I: Interpreting Constitutional Law.1: Interpreting the U.S. Constitution. 2: Constitutional Constructionism. Part II: Justice. 3: International Law. 4: Global Justice. Part III: Rights. 5: Individual Rights. 6: Collective Rights. 7: Humanitarian Intervention and Indigenous Rights. Conclusion. Bibliography. Index.
- ISBN: 978-1-4020-9651-8
- Editorial: Springer
- Encuadernacion: Cartoné
- Páginas: 230
- Fecha Publicación: 01/06/2009
- Nº Volúmenes: 1
- Idioma: Inglés