Political And Legal Approaches To Human Rights
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Author |
: Tom Campbell |
Publisher |
: Routledge |
Total Pages |
: 330 |
Release |
: 2017-11-22 |
ISBN-10 |
: 9781351717175 |
ISBN-13 |
: 1351717170 |
Rating |
: 4/5 (75 Downloads) |
Synopsis Political and Legal Approaches to Human Rights by : Tom Campbell
This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’ approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book. At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.
Author |
: Bård-Anders Andreassen |
Publisher |
: Intersentia NV |
Total Pages |
: 454 |
Release |
: 2010 |
ISBN-10 |
: STANFORD:36105134513725 |
ISBN-13 |
: |
Rating |
: 4/5 (25 Downloads) |
Synopsis Development as a Human Right by : Bård-Anders Andreassen
Bsrd A. Andreassen is Professor at the Norwegian Center for Human Rights and Director of Research (human rights and development) at the Law Faculty, University of Oslo. --
Author |
: Reidar Maliks |
Publisher |
: Cambridge University Press |
Total Pages |
: 317 |
Release |
: 2017-07-25 |
ISBN-10 |
: 9781107153974 |
ISBN-13 |
: 1107153972 |
Rating |
: 4/5 (74 Downloads) |
Synopsis Moral and Political Conceptions of Human Rights by : Reidar Maliks
Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.
Author |
: Jamie Mayerfeld |
Publisher |
: University of Pennsylvania Press |
Total Pages |
: 320 |
Release |
: 2016-05-27 |
ISBN-10 |
: 9780812248166 |
ISBN-13 |
: 0812248163 |
Rating |
: 4/5 (66 Downloads) |
Synopsis The Promise of Human Rights by : Jamie Mayerfeld
Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.
Author |
: Jack Donnelly |
Publisher |
: Cornell University Press |
Total Pages |
: 308 |
Release |
: 2003 |
ISBN-10 |
: 0801487765 |
ISBN-13 |
: 9780801487767 |
Rating |
: 4/5 (65 Downloads) |
Synopsis Universal Human Rights in Theory and Practice by : Jack Donnelly
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Author |
: Arthur Ripstein |
Publisher |
: Harvard University Press |
Total Pages |
: 416 |
Release |
: 2010-02-15 |
ISBN-10 |
: 9780674054516 |
ISBN-13 |
: 0674054512 |
Rating |
: 4/5 (16 Downloads) |
Synopsis Force and Freedom by : Arthur Ripstein
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author |
: Hurst Hannum |
Publisher |
: Cambridge University Press |
Total Pages |
: 245 |
Release |
: 2019-02-14 |
ISBN-10 |
: 9781108417488 |
ISBN-13 |
: 1108417485 |
Rating |
: 4/5 (88 Downloads) |
Synopsis Rescuing Human Rights by : Hurst Hannum
Focuses on understanding human rights as they really are and their proper role in international affairs.
Author |
: Eric Posner |
Publisher |
: Oxford University Press |
Total Pages |
: 219 |
Release |
: 2014-10-01 |
ISBN-10 |
: 9780199313464 |
ISBN-13 |
: 0199313466 |
Rating |
: 4/5 (64 Downloads) |
Synopsis The Twilight of Human Rights Law by : Eric Posner
Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.
Author |
: Alain Zysset |
Publisher |
: Routledge |
Total Pages |
: 454 |
Release |
: 2016-10-04 |
ISBN-10 |
: 9781317248125 |
ISBN-13 |
: 1317248120 |
Rating |
: 4/5 (25 Downloads) |
Synopsis The ECHR and Human Rights Theory by : Alain Zysset
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
Author |
: Kiran Kaur Grewal |
Publisher |
: Routledge |
Total Pages |
: 231 |
Release |
: 2016-06-23 |
ISBN-10 |
: 9781317015192 |
ISBN-13 |
: 1317015193 |
Rating |
: 4/5 (92 Downloads) |
Synopsis The Socio-Political Practice of Human Rights by : Kiran Kaur Grewal
This book examines discourses of rights and practices of resistance in post-conflict societies, exploring the interaction between the international human rights framework and different actors seeking political and social change. Presenting detailed new case studies from Sierra Leone, Sri Lanka and Kosovo, it reveals the necessity of social scientific interventions in the field of human rights. The author shows how a shift away from the realm of normative political or legal theory towards a more sociological analysis promises a better understanding of both the limits of current human rights approaches and possible sites of potential. Considering the diverse ways in which human rights are enacted and mobilised, The Socio-Political Practice of Human Rights engages with major sites of tension and debate, examining the question of whether human rights are universal or culturally relative; their relationship to forms of economic and political domination; the role of law as a mechanism for social change and the ways in which the language of human rights facilitates or closes sites of radical resistance. By situating these debates in specific contexts, this book concludes by proposing new ways of theorizing human rights. Empirically grounded and offering an alternate framework for understanding the fluid and ambiguous operation of power within the theory and practice of human rights, this volume will appeal to scholars of sociology, law and politics with interests in gender, resistance, international law, human rights and socio-legal discourse.