Clare Chambers offers a lively, controversial, and rigorous critique of marriage. She argues that marriage violates both equality and liberty and should not be recognized by the state. In contrast to recent egalitarian pro-marriage movements, Chambers argues that same-sex marriage is not enough to make marriage equal. She shows how feminist and liberal principles require creation of a marriage-free state: one in which private marriages, whether religious orsecular, would have no legal status. She sets out a new model for the legal regulation of personal relationships: instead of regulating by status, the state should regulate relationships according to thepractices they involve. The marriage-free state might regulate private marriages, including religious marriages, so as to protect equality. But it would take no interest in defining or protecting the meaning of marriage.
Aboriginal Peoples, Persistent Injustice, and the Ethics of Political Action
Author: Burke A. Hendrix
Publisher: Oxford University Press
Category: Political Science
Political theorists often imagine themselves as political architects, asking what an ideal set of laws or social structures might look like. Yet persistent injustices can endure for decades or even centuries despite such ideal theorizing. In circumstances of this kind, it is essential for political theorists to think carefully about the political choices available to those who directly face such injustices and seek to change them. This book focuses on the claims of Aboriginal peoples to better treatment from the United States and Canada. Though other groups face similarly persistent injustices (e.g. African Americans in the United States), the specific details of injustice matter a great deal for its analysis. The book focuses on two intertwined issues: the kinds of moral permissions that those facing persistent injustice have when they act politically, and the kinds of transformations that political action may bring about in those who undertake it. The book argues for normative permissions to speak untruth to power; to circumvent or nullify existing law; to give primary attention to protecting one's own community first; and to engage in political experimentation that reshapes future generations. When carefully used, the book argues, these permissions may help political actors to avoid co-optation and self-delusion. At the same time, divisions of labor between those who grapple most closely with state institutions and those who keep their distance may be necessary to facilitate escape from persistent injustice over the long term. Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction as to approach or subject matter. Series Editors: Will Kymlicka and David Miller.
Immigration is one of the most polarizing issues in contemporary politics. It raises questions about identity, economic well-being, the legitimacy of state power, and the boundaries of membership and justice. How should we think about immigration and what policies should democratic societies pursue? Some contend that borders should generally be open and people should be free to migrate in search of better lives. Others insist that governments have the right to unilaterally close their borders and should do so. In Immigration and Democracy, Sarah Song develops an intermediate ethical position that takes seriously both the claims of receiving countries and the claims of prospective migrants. She argues that political membership is morally significant, even if morally arbitrary. Political membership grounds particular rights and obligations, and a government may show some partiality toward the interests of its members. Yet, we also have universal obligations to those outside our orders. Where prospective migrants have urgent reasons to move, as in the case of refugees, their interests may trump the less weighty interests of members. What is required is not open or closed borders but open doors. An accessible ethical framework that clarifies and deepens the ideas with which members of democratic societies can debate immigration, Immigration and Democracy considers the implications of a realistically utopian theory for immigration law and policy.
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