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BOOK EXCERPT:
Human rights are one of the most controversial and widely discussed ideas in contemporary politics, ethics, and law. In recent decades, the philosophy of human rights has become one of the most lively areas in philosophy. One of the most significant contributors to the debate has been James Griffin, formerly White's Professor of Moral Philosophy at the University of Oxford. In his book, On Human Rights, and in other work, Griffin has defended the view that contemporary judicial understandings of human rights rest on an insecure theoretical basis. This has had the result that the language of human rights has been over-extended, and consequently has less force where it really matters. On Griffin's view, human rights are best understood as protections of our agency and personhood, and he argues his case with reference to many real-life human rights cases. Griffin's book has led to a great deal of discussion, and this volume collects several of the most significant responses to Griffin by internationally leading moral and political philosophers. It also includes a response by Griffin himself. The book does not require first-hand knowledge of Griffin's work, and, while being required reading for scholars of human rights, will also make an ideal book for a undergraduate or graduate seminar on human rights.
Product Details :
Genre |
: Philosophy |
Author |
: Roger Crisp |
Publisher |
: OUP Oxford |
Release |
: 2014-08-28 |
File |
: 252 Pages |
ISBN-13 |
: 9780191645990 |
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BOOK EXCERPT:
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
Product Details :
Genre |
: Philosophy |
Author |
: James Griffin |
Publisher |
: OUP Oxford |
Release |
: 2009-08-27 |
File |
: 360 Pages |
ISBN-13 |
: 9780191623417 |
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BOOK EXCERPT:
We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology.
Product Details :
Genre |
: Political Science |
Author |
: Joe Hoover |
Publisher |
: Oxford University Press |
Release |
: 2016-05-27 |
File |
: 259 Pages |
ISBN-13 |
: 9780191085550 |
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BOOK EXCERPT:
Kristen Hessler argues that philosophy can best contribute to understanding human rights by exploring the full range of their use in practice. Her approach emphasizes how human rights activism and adjudication can both reveal and dismantle unjust social hierarchies. The result is an innovative vision of interdisciplinary human rights scholarship.
Product Details :
Genre |
: Law |
Author |
: Kristen Hessler |
Publisher |
: Rowman & Littlefield |
Release |
: 2023 |
File |
: 191 Pages |
ISBN-13 |
: 9781498592314 |
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BOOK EXCERPT:
The Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.
Product Details :
Genre |
: Law |
Author |
: Iryna Bogdanova |
Publisher |
: BRILL |
Release |
: 2022-07-11 |
File |
: 378 Pages |
ISBN-13 |
: 9789004507890 |
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BOOK EXCERPT:
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Product Details :
Genre |
: Political Science |
Author |
: Jean L. Cohen |
Publisher |
: Cambridge University Press |
Release |
: 2012-08-02 |
File |
: 455 Pages |
ISBN-13 |
: 9781139560269 |
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BOOK EXCERPT:
Culture and religion are overlapping phenomena: cultures are normally understood to subsume religions, and religions are very often central to cultures. The two are particularly closely associated when we focus on the kinds of difference that generate issues for public policy. The world has always been culturally and religiously diverse, but recent movements of population have intensified the internal diversity of societies. That increased diversity has presented societies with a number of pressing questions. How much should cultural differences matter? Can they and should they be treated impartially? Should they receive equal recognition and what sort of recognition might that be? Are cultural and religious differences at odds with human rights thinking or do universal human rights demand respect for those differences? When the demands of a religious faith clash with those of a society's rules, which should take precedence? Should the religious have to endure whatever burdens their beliefs bring their way, or should they be accommodated so that their religious faith does not become a source of social disadvantage? Should they have to put up with unwelcome treatments of their beliefs or should they be protected from the offensive and the disrespectful? These are some of the many issues examined in Culture, Religion and Rights.
Product Details :
Genre |
: Political Science |
Author |
: Peter Jones |
Publisher |
: ECPR Press |
Release |
: 2020-10-09 |
File |
: 267 Pages |
ISBN-13 |
: 9781786615695 |
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BOOK EXCERPT:
The philosophy of human rights has, in recent years, revolved around a supposed dilemma. On the one hand, some contend that the normative system of human rights should be understood from a moral point of view that is independent of conventional practice of human rights. Others contend that the normative system of human rights should be understood from a point of view that is internal to the practice of human rights. A New Philosophy of Human Rights: The Deliberative Account takes on the ambitious task of offering a new philosophy of human rights grounded in the proposition that the current debate is centered on a mistaken assumption. After identifying this error, Joshua J. Kassner develops a novel philosophical account grounded in a deliberative process that leverages the epistemic and practical functions of the practice of human rights, bridging the divide between orthodox and political accounts and promising a more hopeful and constructive future for the philosophy of human rights. The book ends with suggestions for institutional design and reform to transform the promise into reality.
Product Details :
Genre |
: Philosophy |
Author |
: Joshua J. Kassner |
Publisher |
: Rowman & Littlefield |
Release |
: 2024-10-29 |
File |
: 187 Pages |
ISBN-13 |
: 9781793621542 |
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BOOK EXCERPT:
Many of the interests protected by public law are regularly violated by powerful private actors. Analyzing the application of public law rights to the private sphere, this book develops a theoretical framework for the application of human and constitutional rights in relations between private parties.
Product Details :
Genre |
: Law |
Author |
: Jean Thomas (Law teacher) |
Publisher |
: Oxford University Press, USA |
Release |
: 2015 |
File |
: 289 Pages |
ISBN-13 |
: 9780199677733 |
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BOOK EXCERPT:
This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.
Product Details :
Genre |
: Law |
Author |
: Cecilia M. Bailliet |
Publisher |
: Edward Elgar Publishing |
Release |
: 2024-04-12 |
File |
: 473 Pages |
ISBN-13 |
: 9781803923758 |