Moral And Political Conceptions Of Human Rights


Moral And Political Conceptions Of Human Rights
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Moral And Political Conceptions Of Human Rights


Moral And Political Conceptions Of Human Rights
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Author : Reidar Maliks
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-25

Moral And Political Conceptions Of Human Rights written by Reidar Maliks 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 2017-07-25 with Law categories.


Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.



Moral And Political Conceptions Of Human Rights


Moral And Political Conceptions Of Human Rights
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Author : Reidar Maliks
language : en
Publisher:
Release Date : 2017

Moral And Political Conceptions Of Human Rights written by Reidar Maliks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Human rights categories.


Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice



Human Rights


Human Rights
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Author : Adam Etinson
language : en
Publisher: Oxford University Press
Release Date : 2018

Human Rights written by Adam Etinson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Human rights categories.


Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are"Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty.This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rightsto their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of humanrights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights.All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.



Human Rights Moral Or Political


Human Rights Moral Or Political
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Author : Adam Etinson
language : en
Publisher: Oxford University Press
Release Date : 2018-03-09

Human Rights Moral Or Political written by Adam Etinson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-09 with Philosophy categories.


Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are "Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty. This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rights to their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of human rights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights. All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.



The Echr And Human Rights Theory


The Echr And Human Rights Theory
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Author : Alain Zysset
language : en
Publisher: Routledge
Release Date : 2016-10-04

The Echr And Human Rights Theory written by Alain Zysset and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.


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.



The Echr And Human Rights Theory


The Echr And Human Rights Theory
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Author : Alain Zysset
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04

The Echr And Human Rights Theory written by Alain Zysset and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.


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.



Universal Human Rights In Theory And Practice


Universal Human Rights In Theory And Practice
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Author : Jack Donnelly
language : en
Publisher: Cornell University Press
Release Date : 2003

Universal Human Rights In Theory And Practice written by Jack Donnelly and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.


(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



Making Sense Of Human Rights


Making Sense Of Human Rights
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Author : James W. Nickel
language : en
Publisher: Univ of California Press
Release Date : 1987

Making Sense Of Human Rights written by James W. Nickel and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Philosophy categories.


This fully revised and extended edition of James Nickel's classic study explains and defends the contemporary conception of human rights. Combining philosophical, legal and political approaches, Nickel explains international human rights law and addresses questions of justification and feasibility. New, revised edition of James Nickel's classic study. Explains and defends the conception of human rights found in the" Universal Declaration of Human Rights" (1948) and subsequent treaties in a clear and lively style. Covers fundamental freedoms, due process rights, social rights, and minority rights. Updated throughout to include developments in law, politics, and theory since the publication of the first edition. New features for this edition include an extensive bibliography and a chapter on human rights and terrorism.



Reconciling Law And Morality In Human Rights Discourse


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.



Philosophical Foundations Of Human Rights


Philosophical Foundations Of Human Rights
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press
Release Date : 2015

Philosophical Foundations Of Human Rights written by Rowan Cruft and has been published by Oxford University Press 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