0415300568.Routledge.The.Logic.of.Liberal.Rights.A.Study.in.the.Formal.Analysis.of.Legal.Discourse.Aug.2003.pdf

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The Logic of Liberal Rights: A Study in the Formal Analysis of Legel Discourse
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The Logic of Liberal Rights
Rights are becoming more complicated every day. A unified theory seems
unimaginable. Yet that is what this book proposes.
The Logic of Liberal Rights uses basic logic to develop a model of argu-
ment presupposed in all disputes about civil rights and liberties. No prior
training in logic is required, as each step is explained. This analysis does
not merely apply general logic to legal arguments. It is specifically tailored
to the issues of civil rights and liberties. It shows that all arguments about
civil rights and liberties presuppose one fixed structure. There can be no
original argument in rights disputes, except within the confines of that
structure. Concepts arising in disputes about rights, like ‘liberal’ or ‘demo-
cratic’, are not mere abstractions. They have a fixed and precise character.
This book integrates themes in legal theory, political science and moral
philosophy, as well as the philosophy of logic and language. For the
advanced scholar, it provides a model presupposed by leading theoretical
schools (liberal and critical, positivist and naturalist). For the student, it pro-
vides a systematic theory of civil rights and liberties. Examples are drawn
from the European Convention on Human Rights but no special knowledge
of the Convention is assumed, as the issues analysed arise throughout
the world. Such issues include problems of free speech, religious freedom,
privacy, torture, unlawful detention and private property.
Eric Heinze (JD, Harvard; PhD, Leiden) is Senior Lecturer in Law,
University of London, Queen Mary. He has held fellowships from the
Fulbright Foundation and the French and German governments. He teaches
Legal Theory, Constitutional Law, Human Rights and Public International
Law. In addition to articles in those fields, his books include The Logic of
Equality and Sexual Orientation: A Human Right .
Routledge studies in twentieth-century philosophy
1 The Story of Analytic Philosophy
Plot and heroes
Edited by Anat Biletzki and
Anat Matar
2 Donald Davidson
Truth, meaning and knowledge
Edited by Urszula M. Zeglén
3Philosophy and Ordinary
Language
The bent and genius of our tongue
Oswald Hanfling
4 The Subject in Question
Sartre’s critique of Husserl in
The Transcendence of the Ego
Stephen Priest
5 Aesthetic Order
A philosophy of order, beauty
and art
Ruth Lorland
6 Naturalism
A critical analysis
Edited by William Lane Craig
and J.P. Moreland
7 Grammar in Early Twentieth-
century Philosophy
Richard Gaskin
8 Rules, Magic and Instrumental
Reason
A critical interpretation of
Peter Winch’s philosophy of the
social sciences
Berel Dov Lerner
9 Gaston Bachelard
Critique of science and the
imagination
Cristina Chimisso
10 Hilary Putnam
Pragmatism and realism
Edited by James Conant and
Urszula M. Zeglén
11 Karl Jaspers
Politics and metaphysics
Chris Thornhill
12 From Kant to Davidson
The idea of the transcendental in
twentieth-century philosophy
Edited by Jeff Malpas
13Collingwood and the
Metaphysics of Experience
A reinterpretation
Guiseppina D’Oro
14 The Logic of Liberal Rights
A study in the formal analysis of
legal discourse
Eric Heinze
15 Real Metaphysics
Edited by Hallvard Lillehammer
and Gonzalo Rodriguez-Pereyra
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The Logic of Liberal Rights
A study in the formal analysis
of legal discourse
Eric Heinze
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For Evert Alkema
First published 2003
by Routledge
11 New Fetter Lane, London EC4P 4EE
Simultaneously published in the USA and Canada
by Routledge
29 West 35th Street, New York, NY 10001
Routledge is an imprint of the Taylor & Francis Group
This edition published in the Taylor & Francis e-Library, 2004.
© 2003 Eric Heinze
All rights reserved. No part of this book may be reprinted
or reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter invented,
including photocopying and recording, or in any information
storage or retrieval system, without permission in writing
from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from
the British Library
Library of Congress Cataloging in Publication Data
Heinze, Eric.
The logic of liberal rights: a study in the formal analysis of legal
discourse/Eric Heinze.
p. cm
Includes bibliographical references and index.
1. Law – Methodology. 2. Natural law. 3. Human rights.
I. Title.
K258.H45 2003
340 ′.112 – dc21
2003037067
ISBN 0-203-38080-0 Master e-book ISBN
ISBN 0-203-38698-1 (Adobe eReader Format)
(Print Edition)
ISBN 0–415–30056–8

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