Human Rights And The Limits Of Critical Reason
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Human Rights And The Limits Of Critical Reason
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Author : Rolando Gaete
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1993
Human Rights And The Limits Of Critical Reason written by Rolando Gaete and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Philosophy categories.
"The rationalization of power has been an enduring feature of Modernity, assigning to human rights the task of subjecting the excesses of power to the scrutiny of critical reason." "Gaete examines this task in the wake of the crisis of modernity, when the belief that man can draw principles out of his own ground has lost its authority and when the very possibility of an enlightened, disinterested Reason is being questioned. The aim of the book is not to offer another critique of rights but to investigate how both rights and critiques are transformed by the rhetoric of power." "The author traces the discourse of judicial criticism as a series of rhetorical operations, bringing to light the paradoxes, antinomies and 'truth games' that permeate the field of human rights. He interrogates the discourse of modern humanism and investigates how its claims to being the law of the law and the metaphysics of the modern State shape the bond between State and citizen." "Gaete carries his argument across the fields of post-Nietzschean philosophy, anglo-american jurisprudence, political science, cultural and legal studies opening new ground for analyses of the rhetoric of rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
The Limits Of Human Rights
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Author : Bardo Fassbender
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-11-26
The Limits Of Human Rights written by Bardo Fassbender and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
The End Of Human Rights
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Author : Costas Douzinas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-06-01
The End Of Human Rights written by Costas Douzinas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-01 with Law categories.
The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.
Human Rights Human Dignity And Cosmopolitan Ideals
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Author : Matthias Lutz-Bachmann
language : en
Publisher: Routledge
Release Date : 2016-05-13
Human Rights Human Dignity And Cosmopolitan Ideals written by Matthias Lutz-Bachmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Political Science categories.
This book makes a significant contribution to the on-going international dialogue on the meaning of concepts such as human rights, humanity, and cosmopolitanism. The authors propose a new agenda for research into a Critical Theory of Human Rights. Each chapter pursues three goals: to reconstruct modern philosophical theories that have contributed to our views on human rights; to highlight the importance of humanity and human dignity as a complementary dimension to liberal rights; and, finally, to integrate these issues more directly in contemporary discussions about cosmopolitanism. The authors not only present multicultural perspectives on how to rethink political and international theory in terms of the normativity of human rights, but also promote an international dialogue on the prospects for a critical theory of human rights discourses in the 21st century.
The Value And Limits Of Rights
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Author : Ian O'Flynn
language : en
Publisher: Routledge
Release Date : 2016-04-29
The Value And Limits Of Rights written by Ian O'Flynn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Political Science categories.
Rights are part of our everyday moral and political vocabulary. Yet while few would deny that rights are important, there is a great deal of disagreement about just how valuable rights are and what their proper limits ought to be. For example, some scholars and practitioners maintain that human rights are valuable because they lay down a framework of protection, while at the same time leaving people ample room to lead their lives as they see fit. They are not just another way of life, but instead set the boundaries to what government can or cannot do. Others, however, hold that, while important, rights are not neutral between different ways of life and hence cannot tell us what to do when different ways of life conflict. This collection breaks new ground by tackling such questions head on. The issues it covers are some of the most vital that we face today. Their relevance to contemporary social and political debates cannot be overstated. The collection should appeal to political philosophers, lawyers, human rights activists and advanced undergraduate and graduate students in the arts, humanities and social sciences. This book was published as a special issue of Critical Review of International, Social and Political Philosophy.
Philosophical Foundations Of Human Rights
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Philosophical Foundations Of Human Rights written by Rowan Cruft and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
The New Agenda For International Relations
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Author : Stephanie Lawson
language : en
Publisher: John Wiley & Sons
Release Date : 2013-07-08
The New Agenda For International Relations written by Stephanie Lawson and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-08 with Political Science categories.
There have been significant political eras which have shaped not only the structure of world politics but the way in which it has been studied. The geopolitical and ideological contours of the Cold War period, for example, had an impact on almost every aspect of world politics and the study of international relations for around 45 years. This book argues that, just as the collapse of the Soviet Union in the period following the fall of the Berlin Wall signalled the end of strategic polarization, it also marked the apparent end of a particular form of polarized debate around political, social and economic ideas. The various new directions taken by scholars of international relations in the post-Cold War era constitute a large part of a ‘new agenda' for the discipline. This collection reflects the variety of issues and approaches that have become part and parcel of this agenda over the past ten years. Issues tackled in this volume include the power of culture and ideology, the concept of globalisation, inequality, human rights and security as well as reflections on new forms of polarization in the post-Cold War world. Each contributor addresses the nature of changes and continuities in world politics, considers how the discipline of international relations itself has changed and reflects on possible directions for the twenty-first Century. This book will be of great interest to scholars of international relations, global politics, economics and related disciplines.
Defensive Relativism
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Author : Frederick Cowell
language : en
Publisher: University of Pennsylvania Press
Release Date : 2022-10-25
Defensive Relativism written by Frederick Cowell and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-25 with Law categories.
Defensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. The end goal of defensive relativism is to allow a state to appear human rights compliant while at the same time not implementing international human rights law. Drawing on a range of materials, such as state reports on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and cases from the European Court of Human Rights involving freedom of religion, this book provides a definitive survey of defensive relativism. Crucially, Frederick Cowell argues, defensive relativism is not about alternative practices of human rights law, or debates about the origins or legitimacy of human rights as a concept. Defensive relativism is instead a variety of tactical argument used by states to justify ignoring international human rights law. Yet, as Cowell concludes, defensive relativism can’t be removed from the law, as it is a reflection of unresolved tensions about the nature of what it means for rights to be universal.
Democracy And Development
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Author : R.C. Bhardwaj
language : en
Publisher: Routledge
Release Date : 2018-10-26
Democracy And Development written by R.C. Bhardwaj and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Political Science categories.
Published in 1998. The question of whether democracy and development are allies or adversaries has long been debated and with the triumph of the democratic spirit worldwide the relationship between democracy and development has once again come to attract much attention globally. The collapse of the Soviet Union and the developments in Eastern Europe led to considerable rethinking in political circles on the efficacy of the economic policies pursued in those countries and the long-term viability of political systems prevalent there. Elsewhere, several newly industrialized countries are striving to consolidate their gains, though there are differing perceptions of whether their politics conform to the classical framework of democracy or not. In a remarkable turn-around, some other countries have initiated measures for economic reforms and structural adjustment, setting aside their earlier approaches towards economic management. In short, the last decades of this millennium have witnessed meaningful efforts worldwide on forging a new partnership between democracy and development. In February 1996, the Commonwealth Parliamentary Association jointly organized a conference entitled 'Parliamentary Democracy and Development': Allies or Adversaries?’ with the Wilton Park, an international agency of the British Commonwealth and Foreign Office in Wilton House, West Sussex, United Kingdom. The week-long conference brought together parliamentarians, diplomats, administrators, political scientists, economists and specialists from all over the world. The participants shared their views and experiences on diverse aspects of the main theme. This publication presents an essentially parliamentary perspective on the correlation between democracy and development based on the discussions at the Wilton Park conference and in the light of current thinking on the subject matter.
The Philosophy Of Law
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Author : Christopher Berry Grey
language : en
Publisher: Routledge
Release Date : 2013-07-04
The Philosophy Of Law written by Christopher Berry Grey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Philosophy categories.
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods