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Freedom, Rights And Pornography - A Collection of Papers by Fred R. Berger (Hardcover, 1991 ed.)
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Freedom, Rights And Pornography - A Collection of Papers by Fred R. Berger (Hardcover, 1991 ed.)
Series: Philosophical Studies Series, 50
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In the essays that follow, Fred Berger argues for freedom of
expression, civil disobedience, affirmative action and what he
calls liberal judicial activism and against sex-role stereotyping,
paternalism and the censorship of pornography. Underlying his
liberalism is a unified theory. That theory consists of a
conception of rights, a theory of value and a theory of government.
The conception of a right that Berger defends derives from J ohn
Stuart Mill and is captured by what he calls "the rights formula"
to have a right is to have important interests that society ought
to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95).
Since rights are to be protected by general rule, case-by-case
consideration of consequences is ruled out (pp. 3, 18, 96) and
neither modest increases in the general welfare, nor majority
opinion, can justify the violation of a right (pp. 14-15; 17-18).
Berger combines this view of the nature of a right with an
objective theory of value according to which the important
interests that ought to be protected are ones that people have
"whether they know them or not, whether they desire that in which
they have an interest or not" (p."
General
Imprint: |
Springer
|
Country of origin: |
Netherlands |
Series: |
Philosophical Studies Series, 50 |
Release date: |
September 2003 |
First published: |
December 1990 |
Editors: |
Bruce Russell
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Dimensions: |
235 x 155 x 15mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
222 |
Edition: |
1991 ed. |
ISBN-13: |
978-0-7923-1034-1 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Jurisprudence & philosophy of law
|
LSN: |
0-7923-1034-9 |
Barcode: |
9780792310341 |
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