Political And Legal Approaches To Human Rights
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Political And Legal Approaches To Human Rights
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Author : Tom Campbell
language : en
Publisher: Routledge
Release Date : 2017-11-22
Political And Legal Approaches To Human Rights written by Tom Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-22 with Law categories.
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.
Human Rights Encounter Legal Pluralism
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Author : Giselle Corradi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-18
Human Rights Encounter Legal Pluralism written by Giselle Corradi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
Human Rights
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Author : Michael Freeman
language : en
Publisher: Polity
Release Date : 2002-12-02
Human Rights written by Michael Freeman and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-02 with Political Science categories.
Human Rights is an introductory text that is both innovative and challenging. It invites students to think conceptually about one of the most important and influential political concepts of our time. In this unique interdisciplinary approach, Michael Freeman emphasizes the complex ways in which the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights. By tracing the history of the concept, the book shows that there is a fundamental tension between the philosophy of human rights and the way in which it is understood in the social sciences. This analysis throws light on some of the most controversial issues in the field: Is the idea of the universality of human rights consistent with respect for cultural difference? Are there collective human rights? Should feminists embrace, revise or reject the idea of human rights? Does the idea of human rights distract our attention from the structural causes of oppression and exploitation? What are the underlying causes of human rights violations? And why do some countries have much worse human rights records than others? The book will appeal to students in the social sciences, as well as students of human rights law who want an introduction to the non-legal aspects of their subject. It will also be read by scholars interested in ethics and the social sciences, as well as the general reader.
Human Rights
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Author : Michael Goodhart
language : en
Publisher: Oxford University Press, USA
Release Date : 2013
Human Rights written by Michael Goodhart 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 2013 with Political Science categories.
Human Rights: Politics and Practice is an introduction to human rights that goes beyond a purely legal perspective to look at theoretical issues and practical approaches. Bringing together leading experts, it is up to date with cutting edge research in a constantly evolving field.
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.
Human Rights And The Environment
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Author : Sumudu Atapattu
language : en
Publisher: Routledge
Release Date : 2019-03-08
Human Rights And The Environment written by Sumudu Atapattu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-08 with Business & Economics categories.
The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.
Human Rights Ethics
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Author : Clark Butler
language : en
Publisher: Purdue University Press
Release Date : 2008
Human Rights Ethics written by Clark Butler and has been published by Purdue University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Human Rights Ethics makes an important contribution to contemporary philosophical and political debates concerning the advancement of global justice and human rights. Butler's book also lays claim to a significant place in both normative ethics and human rights studies in as much as it seeks to vindicate a universalistic, rational approach to human rights ethics. Butler's innovative approach is not based on murky claims to "natural rights" that supposedly hold wherever human beings exist; nor does it succumb to the traditional problems of justification associated with utilitarianism, Kantianism, and other procedural approaches to human rights studies. Instead, Butler proposes "a dialectical justification of human rights by indirect proof" that claims not to be question begging. Very much in the spirit of Hegel and Habermas, Butler proposes to vindicate a "totally rational account of human rights," but one that depends concretely and historically on a dialectically constructed "right to freedom of thought in its universal modes."
Transnational Legal Processes And Human Rights
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Author : Lauren Fielder
language : en
Publisher: Routledge
Release Date : 2016-02-17
Transnational Legal Processes And Human Rights written by Lauren Fielder and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Political Science categories.
It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.
Human Rights
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Author : Michael Freeman
language : en
Publisher: Polity
Release Date : 2011-04-11
Human Rights written by Michael Freeman and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-11 with Political Science categories.
Introducing readers to the theory and practice of human rights, this text emphasises how the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights.
Human Rights From A Third World Perspective
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Author : José-Manuel Barreto
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-08-26
Human Rights From A Third World Perspective written by José-Manuel Barreto and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-26 with Philosophy categories.
Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.