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A System of Rights (Paperback, Revised)
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A System of Rights (Paperback, Revised)
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The justification of political authority is one of the
long-standing issues of political philosophy, and one which
persistently defies satisfactory solution. In this paperback
edition of a highly successful study, Professor Martin sets out to
provide an original justification by establishing a background
framework for dealing with the problem. He begins by identifying
the main elements of political authority, arguing that they need to
be linked in order to create a political authority that can be
described as justified. He then sketches a framework - a sample
system of political institutions and conceptions which is
internally coherent - to link these elements. The rest of the book
fills in this outline. Professor Martin argues that rights are
established patterns of acting or of being treated and are hence
essentially institutional in character. The institutions that tend
to be the most supportive and productive of individual rights are,
he believes, democratic, and the central section of the book is
devoted to the connection of rights with majority rule, democratic
political institutions and conceptions. From this nexus, secondary
lines are traced to political obligation (or allegiance) and to an
eligible justification for using punishment to enforce the rights
of individuals. Thus Professor Martin's analysis forms a
distinctive and systematic approach to one particular style of
government. This rethinking of some of the main topics in political
theory is long overdue; it yields some striking conclusions about
both the nature of rights and the nature of political authority
itself. Reviews for the hardback edition: `analytical political
theory at its best...thoroughly worked through, illuminating, and
persuasive' Political Studies `he dicusses knowledgeably yet
imaginatively one sort of political and legal system...I
unreservedly assert that his institutional conception of rights
deserves to be taken seriously as a very plausible alternative to
the more familiar theories of Hart, Feinberg, Dworkin and Raz.
Equally important are his discussions of the nature of democracy
and the internal justification of punishment. Most impressive of
all is his detailed demonstration of the internal coherence of the
system of rights sketched in this book' Ethics `his book is
valuable for presenting a distinctively political view of
rights...the book is impressively scholarly, with references, when
relevant, to most of the voluminous literature on rights. In this
respect A System of Rights is a model work of philosophy: at once
thoroughly steeped in the literature on its topic and rising above
that literature to propose a novel, distinctive view' Mind `a
rewarding and impressive book, which deals with a wide range of
issues central to political philosophy in an interesting and
original way. In this carefully argued examination and
justification of a particular political system, Rex Martin offers
an original account of rights, and links these rights with other
political conceptions and institutions...to forms what he calls a
"system of rights"...his discussion is rich and nuanced, and
provides the philosophical groundwork for clearer thinking about
the difficult and elusive relationship between rights and
democracy' Canadian Journal of Political Science `What makes
Martin's book so trenchant is that it can be read with great profit
from different points of view...The broad scope and provocative
arguments of Martin's work assure that it will be a focal point in
philosophically-orientated debate on rights' Ratio Juris `Rex
Martin has written the most important analysis and justification of
political authority and obligation since T. H. Green's Lectures on
the Principles of Political Obligation... [A System of Rights is]
rich in argument and unorthodox conclusions' Gerald F. Gaus,
Philosophy and Phenomenological Research
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