Reconciling Law And Morality In Human Rights Discourse
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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.
Intersectionality And Human Rights Law
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Author : Shreya Atrey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-10
Intersectionality And Human Rights Law written by Shreya Atrey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Political Science categories.
This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.
Implementation Of International Human Rights Commitments And The Impact On Ongoing Legal Reforms In Ethiopia
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Author : Wolfgang Benedek
language : en
Publisher: BRILL
Release Date : 2020-02-03
Implementation Of International Human Rights Commitments And The Impact On Ongoing Legal Reforms In Ethiopia written by Wolfgang Benedek and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-03 with Law categories.
This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopia addresses key themes of contemporary interest focused on identifying the gaps between Ethiopia’s human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian – the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia – while the country is absorbed in legal and political reforms.
Governance Of Emerging Space Challenges
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Author : Nikola Schmidt
language : en
Publisher: Springer Nature
Release Date : 2022-04-22
Governance Of Emerging Space Challenges written by Nikola Schmidt and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-22 with Science categories.
This edited volume discusses how even small nation states can make a significant difference in the future of space governance. The book is divided into three main sections covering political theory, case studies, and space technology and applications. Key topics of discussion include planetary defense, space mining, and high-power systems in space. Through these timely subjects, the book presents strategies for developing a truly global governance framework in space, based on the concept of a responsible cosmopolitan state. Authored by a multidisciplinary group of researchers from the Czech Republic, the volume will appeal to other scientific teams and policymakers looking to become pioneers of cosmopolitan space policies at a national and global level.
World Crisis And Underdevelopment
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Author : David Ingram
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-18
World Crisis And Underdevelopment written by David Ingram 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 2018-01-18 with Business & Economics categories.
The book examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment.
The Humble Cosmopolitan
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Author : Luis Cabrera
language : en
Publisher:
Release Date : 2020
The Humble Cosmopolitan written by Luis Cabrera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Political Science categories.
Is a strong cosmopolitan stance irretrievably arrogant? Cosmopolitanism, which affirms universal moral principles and grants no fundamental moral significance to the state, has become increasingly central to normative political theory. Yet, it has faced persistent claims that it disdains local attachments and cultures, while also seeking the neo-imperialistic imposition of Western moral views on all persons. The critique is said to apply with even greater force to institutional cosmopolitan approaches, which seek the development of global political institutions capable of promoting global aims for human rights, democracy, etc. This book works to address such objections through developing a novel theory of cosmopolitan political humility. It draws on the work of Indian constitutional architect and social activist B.R. Ambedkar, who cited universal principles of equality and rights in confronting domestic exclusions and the "arrogance" of caste. He sought to advance forms of political humility, or the recognition of equal standing, and openness to input and challenge within political institutions. This book explores how an "institutional global citizenship" approach to cosmopolitanism could similarly promote political humility globally, by supporting the development of democratic input and challenge mechanisms beyond the state. Such developments would challenge an essential political arrogance identified in the current system, where sovereign states are empowered to simply dismiss rights-based challenges from outsiders or their own populations--even as they serve as the designated guarantors of human rights. The book employs an innovative grounded normative theory method, where extensive original field research informs the development of moral claims. Insights are taken from Dalit activists reaching out to United Nations human rights bodies for support in challenging caste discrimination, and from their critics in the governing Bharatiya Janata Party. Further insights are drawn from Turkish protestors confronting a rising domestic authoritarianism, and from UK Independence Party members demanding "Brexit" from the European Union--in part because predominantly Muslim Turkey could eventually join. Overall, it is shown, an institutional global citizenship approach can inform the development of a global framework which would orient fundamentally to political humility rather than arrogance, and which could significantly advance global rights protections.
World Politics
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Author : Jeffrey Haynes
language : en
Publisher: SAGE
Release Date : 2023-04-05
World Politics written by Jeffrey Haynes and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-05 with Political Science categories.
How can we better resolve issues like climate change or global pandemics? When is resolution of armed conflict achievable? What impact does culture, religion or identity have on world events? Today’s world politics is complex, contested and changing fast. Sovereign states, big data, international institutions, world leaders, large companies, and citizens all have vested interests in the most momentous issues facing us. Whether it’s economic crisis, global health, nuclear deterrence or war, this text is the ideal guide to understanding the most critical issues of today, and the competing ways to interpret them. Extensively revised, the third edition takes you through the key events and changes in world politics from the 1500s, showing how historical events and developments are essential for understanding world politics today. Packed with examples from around the world, the book introduces the reader to different theories, concepts, issues, and actors in world politics.Covering all the essential topics, from international law and political economy to critical theory and security studies, this new edition includes: - 3 brand new chapters on Foreign Policy Analysis, Race and Identity, and Global Health - Fully revised historical chapters for a comprehensive historical perspective - An expanded range of topics, cases, and cutting-edge research to fully reflect the latest empirical and theoretical developments Its unparalleled breadth and clarity make it the perfect introductory text for all undergraduate students of International Relations and Global Politics. Jeffrey Haynes is an emeritus professor of politics at London Metropolitan University. Peter Hough is an Associate Professor in International Politics at Middlesex University, London. Bruce Pilbeam is a Senior Lecturer in Politics and International Relations at London Metropolitan University.
Human Rights And Economic Policy Reform
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Author : Aoife Nolan
language : en
Publisher: Routledge
Release Date : 2021-09-22
Human Rights And Economic Policy Reform written by Aoife Nolan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-22 with Political Science categories.
This book deals with the complex and challenging relationship between economic policy and human rights. In the context of the COVID-19 pandemic crisis, the need to address the conceptual and methodological (dis)connects between these two areas is more pressing than ever. Inspired by the 2019 United Nations Guiding Principles on Human Rights Impact Assessments (HRIA) for Economic Reform Policies, this book brings together experts working on human rights and economic policy from a range of disciplinary perspectives, including economics, law, and development studies. The contributions reflect a huge body of professional experience in the academic, policy-making, advocacy, and practitioner fields. They cover issues including the politics of evidence in the context of HRIA, economic inequality, child rights impact assessment of economic reforms, economic policy and women’s human rights, tax regimes for multinational corporations and human rights, as well as the human rights impacts of the economic fall-out of the COVID-19 pandemic. The collection also includes the text of the Guiding Principles themselves. It constitutes a crucial volume for scholars, policymakers, advocates and others working on the burning topic of human rights and economic policy reform. The chapters in this book were originally published as a special issue of The International Journal 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.
Law Solidarity And The Limits Of Social Europe
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Author : Hartzén, Ann-Christine
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-11
Law Solidarity And The Limits Of Social Europe written by Hartzén, Ann-Christine and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-11 with Law categories.
This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.