حقوق از نادرستی‌ها: ریشه‌های حقوق بشر در تجربهٔ بی‌عدالتی

A completely original answer to one of the most difficult questions in legal philosophy: what is the source of human rights? This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are 'natural', where do these rights come from? Does natural law really exist outside the formal structure of humanly enacted law? On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the 'rights' of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old dilemma. Rights, he argues, do not come from God, nature, logic or law alone, they arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This is a timely book that will have an immediate impact on political dialogue, from the intersection of religion and law to quandaries surrounding the right to privacy, voting rights etc. It is also a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs is the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice. In Rights From Wrongs, Renowned Legal Scholar Alan Dershowitz Puts Forward A Wholly New And Compelling Answer To One Of The Most Persistent Dilemmas In Both Law And Moral Philosophy: Where Do Our Rights Come From? Does Something Called Natural Law Really Exist Outside Of What Is Written In Constitutions And Legal Statutes? If So, How Can We Know What This Law Says, And Why Are Rights Not The Same Everywhere And In All Eras? In This Book, Dershowitz Offers A Fresh Resolution To This Age-old Dilemma: Rights, He Argues, Do Not Come From God, Nature, Logic, Or Law Alone. They Arise Out Of Particular Human Experiences With Injustice. While Justice Is An Elusive Concept, Hard To Define, And Subject To Conflicting Interpretations, Injustice Is Immediate, Intuitive, Widely Agreed Upon, And Very Tangible. Rights From Wrongs Is The First Book To Propose A Theory Of Rights That Emerges Not From Some Theory Of Perfect Justice But From Its Opposite: From The Bottom Up, From Trial And Error, And From Our Collective Experience Of Injustice. Human Rights Come From Human Wrongs.--jacket. Introduction: Where Do Rights Come From? -- I: The Sources Of Rights: What Are Rights? -- Is God The Source Of Rights? -- Is Nature The Source Of Rights? -- Are There Other External Sources Of Rights? -- Do Constitutional Democracies Really Need An External Theory Of Rights? -- Do We Need To Invent An External Source Of Rights--even If It Does Not Really Exist? -- Is Natural Law A Helpful Or Harmful Fiction? -- What, Then, Is The Source Of Rights? -- Ii: Some Challenges To Experience As The Source Of Rights: Is There Always A Right Answer? -- If Rights Do Not Come From God Or Nature, How Are They Different From Mere Preferences? -- Does The Experiential Approach Confuse Philosophy With Sociology? -- Can Rights Produce Wrongs? -- Is The Debate Over External Sources Of Rights A Liberal-conservative Issue? -- Iii: Applying The Experiential Theory Of Rights: Can Experiential Rights Check The Abuses Of Majority Rule? -- Is There A Right To Life? -- Is There A Right Not To Be Censored By Government? -- Is There A Right To Have Church And State Separated? -- Is There A Right To Emigrate And/or Immigrate? -- Do Animals Have Rights? -- Do Dead People Have Rights In Their Organs? Conclusion: The Future Of Rights. Alan Dershowitz. Includes Bibliographical References (p. 233-250) And Index. This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are'natural'-if, in the words of the Declaration of Independence, it is'self-evident that all men are endowed... with certain inalienable rights'-where do these rights come from? Does natural law really exist outside the formal structure of humanly enacted law? On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the'rights'of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This is a timely book that will have an immediate impact on our political dialogue, from the intersection of religion and law to recent quandaries surrounding the right to privacy, voting rights, and the right to marry. More than that, it is a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs will be the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice.