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Community and collective rights : a theoretical framework for rights held by groups / Dwight Newman.
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Title:Community and collective rights : a theoretical framework for rights held by groups / Dwight Newman.
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Author/Creator:Newman, Dwight G. (Dwight Gordon), 1976-
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Published/Created:Oxford ; Portland, OR : Hart Pub., 2011.
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Holdings
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K3240 .N49 2011
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Human rights.
Liability (Law)
Responsibility.
Social groups.
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Medical Subjects: Human Rights
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Description:xiv, 243 pages ; 25 cm.
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Series:Law and practical reason ; v. 2.
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Notes:Includes index.
Includes bibliographical references and index.
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ISBN:9781841132280
1841132284
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Contents:Machine generated contents note: pt. I Existence of Collective Moral Rights
1. Introduction
I. 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. Necessary Existence of Collective Rights
pt. 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. Pervasive Compatibility of Individual and Collective Rights
V. Toward a Compatibility Approach
5. Service Principle
I. Introduction
II. Humanistic Principle and the Service Principle
III. Service Principle and Community Legitimacy
IV. Service Principle and Individual Autonomy
V. Service Principle and Community Survival
VI. Demands of the Service Principle: Sufficient Regard and Vulnerable Insiders
6. Mutuality Principle
I. Introduction
II. Imposed Constraints on Groups
III. Toward a Mutuality 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. Mutuality Principle and Membership Control
pt. 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 Application
V. Community of Communities.