Human Duties And The Limits Of Human Rights Discourse
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Human Duties And The Limits Of Human Rights Discourse
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Author : Eric R. Boot
language : en
Publisher: Springer
Release Date : 2017-11-02
Human Duties And The Limits Of Human Rights Discourse written by Eric R. Boot and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-02 with Philosophy categories.
This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University
Human Rights
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Author : Cindy Holder
language : en
Publisher: Cambridge University Press
Release Date : 2013-05-23
Human Rights written by Cindy Holder and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-23 with Philosophy categories.
The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations.
Rescuing Human Rights
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Author : Hurst Hannum
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-14
Rescuing Human Rights written by Hurst Hannum and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-14 with Law categories.
Focuses on understanding human rights as they really are and their proper role in international affairs.
The Hidden Face Of Rights
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Author : Kathryn Sikkink
language : en
Publisher: Yale University Press
Release Date : 2020-01-07
The Hidden Face Of Rights written by Kathryn Sikkink and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-07 with Philosophy categories.
Why we cannot truly implement human rights unless we also recognize human responsibilities When we debate questions in international law, politics, and justice, we often use the language of rights—and far less often the language of responsibilities. Human rights scholars and activists talk about state responsibility for rights, but they do not articulate clear norms about other actors’ obligations. In this book, Kathryn Sikkink argues that we cannot truly implement human rights unless we also recognize and practice the corresponding human responsibilities. Focusing on five areas—climate change, voting, digital privacy, freedom of speech, and sexual assault—where on-the-ground (primarily university campus) initiatives have persuaded people to embrace a close relationship between rights and responsibilities, Sikkink argues for the importance of responsibilities to any comprehensive understanding of political ethics and human rights.
Reconciling Law And Morality In Human Rights Discourse
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Author : Willy Moka-Mubelo
language : en
Publisher: Springer
Release Date : 2016-12-13
Reconciling Law And Morality In Human Rights Discourse written by Willy Moka-Mubelo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-13 with Philosophy categories.
In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Reconciling Human Existence With Ecological Integrity
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Author : Laura Westra
language : en
Publisher: Routledge
Release Date : 2012-05-16
Reconciling Human Existence With Ecological Integrity written by Laura Westra and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-16 with Nature categories.
'The ecological challenge demands a paradigm shift in our thinking about the human-environment relation. Reconciling Human Existence with Ecological Integrity provides a ‘state of the art account of work on ecological integrity - and offers a compelling vision for the future. Derek Bell, Senior Lecturer at the School of Geography, Politics and Sociology, University of Newcastle A book of vast scope and richness ... If policymakers around the world took notice of this insightful set of messages, we would all live with greater happiness, health, and wellbeing, with a brighter future for our children and grandchildren. Lawrence O. Gostin, O‘Neill Professor of Global Health Law, Georgetown University Law Center This book attempts to do in theory what the world needs to do in practice. It is an ecological master plan that shows how we can not only survive but also flourish. James P. Sterba, President of the American Philosophical Association, Central Division Ecosystems have been compared to a house of cards: remove or damage a part and you risk destroying or fundamentally and irreversibly altering the whole. Protecting ecological integrity means maintaining that whole - an aim which is increasingly difficult to achieve given the ever-growing dominance of humanity. This book is the definitive examination of the state of the field now, and the way things may (and must) develop in the future. Written and edited by members of the Global Ecological Integrity Group - an international collection of the worlds most respected authorities in the area - the book considers the extent to which human rights (such as the rights to food, energy, health, clean air or water) can be reconciled with the principles of ecological integrity. The issue is approached from a variety of economic, legal, ethical and ecological standpoints, providing an essential resource for researchers, students and those in government or business in a wide range of disciplines.
The Universal Declaration Of Human Rights In The 21st Century
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Author : Gordon Brown
language : en
Publisher: Open Book Publishers
Release Date : 2016-04-18
The Universal Declaration Of Human Rights In The 21st Century written by Gordon Brown and has been published by Open Book Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-18 with Political Science categories.
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Relevance Of Duties In The Contemporary World
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Author : Raman Mittal
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
Relevance Of Duties In The Contemporary World written by Raman Mittal and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Philosophy categories.
This book reflects on the significance of duties in creating an egalitarian society by collating and contextualizing the relevant literature. It particularly focuses on an appreciation of Gandhi’s views on duty to showcase how they remain pertinent to create a cohesive, responsible and value-based society in the present right-dominated world. A viable solution to the current real world problems could be found in exploring the philosophy on duties and the book provides relevant literature in this regard. It undertakes jurisprudential analysis of duty in a rights-dominated world, identifying the gaps in realising the potential of duty to address the critical issues of the present times. It argues that enforcement of rights depends heavily on the observance of duties and proposes coherence in right-duty relationship. Gandhian thought on duty recognises duty as a precursor to rights and emphasises that the observance of duties guarantees the enforcement of rights. The relevance of duties and Gandhian thoughts on the same is not restricted to India but transcends borders with profound appeal. Gandhian thoughts have become even more relevant in the current times to examine the situation of COVID-19 pandemic, racial discrimination (BLM), environmental crises, digital divide, health care and medical care crises, refugee and migrant labour problems and it can offer promising solutions based on the nuances of social solidarity, self realisation of duties/responsibilities, local governance, compassion and humanity.
Marginalized Groups Inequalities And The Post War Welfare State
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Author : Monika Baár
language : en
Publisher: Routledge
Release Date : 2019-10-22
Marginalized Groups Inequalities And The Post War Welfare State written by Monika Baár and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-22 with History categories.
Examining the ways in which societies treat their most vulnerable members has long been regarded as revealing of the bedrock beliefs and values that guide the social order. However, academic research about the post-war welfare state is often focused on mainstream arrangements or on one social group. With its focus on different marginalized groups: migrants and people with disabilities, this volume offers novel perspectives on the national and international dimensions of the post-war welfare state in Western Europe and North America.
Human Rights And Their Limits
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Author : Wiktor Osiatyński
language : en
Publisher: Cambridge University Press
Release Date : 2009-09-21
Human Rights And Their Limits written by Wiktor Osiatyński and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-21 with Law categories.
This book argues that human rights should be balanced with other values that are indispensable for social harmony and personal happiness.