Between Desire and Reason: Rights Discourse at the Crossroads

Author:   Fernando Simón-Yarza, Associate Professor of Constitutional Law, University of Navarra
Publisher:   Rowman & Littlefield International
ISBN:  

9781786614407


Pages:   240
Publication Date:   06 November 2019
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Between Desire and Reason: Rights Discourse at the Crossroads


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Author:   Fernando Simón-Yarza, Associate Professor of Constitutional Law, University of Navarra
Publisher:   Rowman & Littlefield International
Imprint:   Rowman & Littlefield International
Dimensions:   Width: 16.00cm , Height: 2.00cm , Length: 23.10cm
Weight:   0.517kg
ISBN:  

9781786614407


ISBN 10:   1786614405
Pages:   240
Publication Date:   06 November 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

"Preface: A possible framework for understanding / Part I: Good and reason in two classical political traditions / 1. The Aristotelian-Thomistic tradition / 2. Immanuel Kant / Part II: Antiperfectionist liberalism and the desire principle / 3. ""Free and equals"": John Rawls's political philosophy / 4. ""Equal concern and respect"": Ronald Dworkin's philosophy of rights / 5. Goods and processes: Jürgen Habermas's ethical-political project / Part III: The dehumanization of human rights / 6. Mutual disinterest and civil liberties / 7. Desireless life and undesirable life / 8. Playing God? Promethean desires / Part IV. Constructive proposals / 9. Teleology of civil liberties / 10. Perfectionist liberalism and restriction of the rights discourse / Bibliography"

Reviews

Between Desire and Reason is a very important and original contribution to what might be best called the `natural-law civil liberties' project, inaugurated in effect by John Finnis' Natural Law and Natural Rights in 1980, and probably best exemplified by Robert P. George's 1993 Making Men Moral. Simon's book is, in my judgment, the best book-length full-orbed treatment of contemporary problems in constitutional theory from this basic perspective since George's magisterial text of 1993. The incorporation of key European court decision distinguishes it (in a welcome way) from even the best of the Anglo works of its kind. -- Gerard V. Bradley, Professor of Law, University of Notre Dame This is an unfailingly clear and fair-minded, as well as deep and novel, critique of modern liberalism. The quality of Simon's scholarship is high: I have learned a great deal from the book about both the classical tradition, and about the theories of Rawls, Dworkin, Singer, and Habermas. Simon's objections to the modern liberal theories, grounded in a frankly teleological conception of human nature and in the work of Robert Spaemann, pose a challenge that is not easily set aside, demonstrating that they all rely on a paradoxically `ateleological teleology.' -- Robert C. Koons, Professor of Philosophy, University of Texas at Austin Fernando Simon's book helps us understand where our deepest divergences lie, in order to build bridges that allow us to guarantee the stability of the liberal project of a well-ordered society. It is a book at the center of practical reason, in the place where philosophy, politics and law converge. -- Jose Juan Moreso, Professor of Legal Philosophy at Pompeu Fabra University of Barcelona


Author Information

Fernando Simón Yarza is Associate Professor of Constitutional Law at the University of Navarra (Spain). He has been a Visiting Scholar in the Universities of Münster (Germany), Boston and Princeton. He has been awarded the prestigious “Tomás y Valiente Prize” by the Constitutional Court of Spain. He is a member of the James Madison Society (Princeton University).

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