Rethinking Rights
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Rethinking Rights
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Author : Eleanor Curran
language : en
Publisher: Rowman & Littlefield
Release Date : 2022-04-04
Rethinking Rights written by Eleanor Curran and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Philosophy categories.
Re-thinking Rights: Historical Development and Philosophical Justificationtakes a new look at the history of individual rights, focussing on the way that philosophers have written that history. The scholastics and early modern writers used the notion of natural rights to debate the big moral and political questions of the day, such as the treatment of Indigenous Americans under Spanish rule. John Locke put natural rights at the centre of liberal political thought. But as the idea grew in strength and influence, empiricist and positivist philosophers punctured it with attacks of logical incompetence and illegitimate appeals to theology and metaphysics. Philosophers then turned to law and jurisprudence for the philosophical analysis of rights, where it has largely stayed ever since. Eleanor Curran argues that the dominance of the Hohfeldian analysis of (legal) rights has restricted our understanding of moral and political rights and led to distorted readings of historical writers on rights. It has also led to the separation of right from the important related notion of liberty—freedoms are now seen as inferior to claims. Curran looks at recent philosophy of human rights and suggests a way forward for justifying universal moral and political rights and separating them from legal rights.
Rethinking Rights And Responsibilities
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Author : Arthur J. Dyck
language : en
Publisher: Georgetown University Press
Release Date : 2005-02-08
Rethinking Rights And Responsibilities written by Arthur J. Dyck and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02-08 with Religion categories.
As members of various and often conflicting communities, how do we reconcile what we have come to understand as our human rights with our responsibilities toward one another? With the bright thread of individualism woven through the American psyche, where can our sense of duty toward others be found? What has happened to our love—even our concern—for our neighbor? In this revised edition of his magisterial exploration of these critical questions, renowned ethicist Arthur Dyck revisits and profoundly hones his call for the moral bonds of community. In all areas of contemporary life, be it in business, politics, health care, religion—and even in family relationships—the "right" of individuals to consider themselves first has taken precedence over our responsibilities toward others. Dyck contends that we must recast the language of rights to take into account our once natural obligations to all the communities of which we are a part. Rethinking Rights and Responsibilities, at the nexus of ethics, political theory, public policy, and law, traces how the peculiarly American formulations of the rights of the individual have assaulted our connections with, and responsibilities for, those around us. Dyck critically examines contemporary society and the relationship between responsibilities and rights, particularly as they are expressed in medicine and health care, to maintain that while indeed rights and responsibilities form the moral bonds of community, we must begin with the rudimentary task of taking better care of one another.
Rethinking Rights
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Author : Bruce P. Frohnen
language : en
Publisher: University of Missouri Press
Release Date : 2008-12-24
Rethinking Rights written by Bruce P. Frohnen and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-24 with Political Science categories.
As reports of genocide, terrorism, and political violence fill today’s newscasts, more attention has been given to issues of human rights—but all too often the sound bites seem overly simplistic. Many Westerners presume that non-Western peoples yearn for democratic rights, while liberal values of toleration give way to xenophobia. This book shows that the identification of rights with contemporary liberal democracy is inaccurate and questions the assumptions of many politicians and scholars that rights are self-evident in all circumstances and will overcome any conflicts of thought or interest. Rethinking Rights offers a radical reconsideration of the origins, nature, and role of rights in public life, interweaving perspectives of leading scholars in history, political science, philosophy, and law to emphasize rights as a natural outgrowth of a social understanding of human nature and dignity. The authors argue that every person comes to consciousness in a historical and cultural milieu that must be taken into account in understanding human rights, and they describe the omnipresence of concrete, practical rights in their historical, political, and philosophical contexts. By rooting our understanding of rights in both history and the order of existence, they show that it is possible to understand rights as essential to our lives as social beings but also open to refinement within communities. An initial group of essays retraces the origins and historical development of rights in the West, assessing the influence of such thinkers as Locke, Burke, and the authors of the Declaration of Independence to clarify the experience of rights within the Western tradition. A second group addresses the need to rethink our understanding of the nature of existence if we are to understand rights and their place in any decent life, examining the ontological basis of rights, the influence of custom on rights, the social nature of the human person, and the importance of institutional rights. Steering a middle course between radical individualist and extreme egalitarian views, Rethinking Rights proposes a new philosophy of rights appropriate to today’s world, showing that rights need to be rethought in a manner that brings them back into accord with human nature and experience so that they may again truly serve the human good. By engaging both the history of rights in the West and the multicultural challenge of rights in an international context, Rethinking Rights offers a provocative and coherent new argument to advance the field of rights studies.
Rethinking Economic Policy For Social Justice
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Author : Radhika Balakrishnan
language : en
Publisher: Routledge
Release Date : 2016-03-31
Rethinking Economic Policy For Social Justice written by Radhika Balakrishnan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with Business & Economics categories.
The dominant approach to economic policy has so far failed to adequately address the pressing challenges the world faces today: extreme poverty, widespread joblessness and precarious employment, burgeoning inequality, and large-scale environmental threats. This message was brought home forcibly by the 2008 global economic crisis. Rethinking Economic Policy for Social Justice shows how human rights have the potential to transform economic thinking and policy-making with far-reaching consequences for social justice. The authors make the case for a new normative and analytical framework, based on a broader range of objectives which have the potential to increase the substantive freedoms and choices people enjoy in the course of their lives and not on not upon narrow goals such as the growth of gross domestic product. The book covers a range of issues including inequality, fiscal and monetary policy, international development assistance, financial markets, globalization, and economic instability. This new approach allows for a complex interaction between individual rights, collective rights and collective action, as well as encompassing a legal framework which offers formal mechanisms through which unjust policy can be protested. This highly original and accessible book will be essential reading for human rights advocates, economists, policy-makers and those working on questions of social justice.
Rethinking Rights Based Mental Health Laws
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Author : Bernadette McSherry
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-08-16
Rethinking Rights Based Mental Health Laws written by Bernadette McSherry and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Rethinking Rights And Responsibilities
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Author : Arthur J. Dyck
language : en
Publisher:
Release Date : 1994
Rethinking Rights And Responsibilities written by Arthur J. Dyck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Communities categories.
Rethinking Agency
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Author : Sumi Madhok
language : en
Publisher: Routledge
Release Date : 2014-03-21
Rethinking Agency written by Sumi Madhok and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-21 with Social Science categories.
This book proposes a new theoretical framework for agency thinking by examining the ethical, discursive and practical engagements of a group of women development workers in north-west India with developmentalism and individual rights. Rethinking Agency asks an underexplored question, tracks the entry, encounter, experience and practice of developmentalism and individual rights, and examines their normative and political trajectory. Through an ethnography of a moral encounter with developmentalism, it raises a critical question: how do we think of agency in oppressive contexts? Further, how do issues of risk, injury, coercion and oppression alter the conceptual mechanics of agency itself? The work will be invaluable to research organisations, development practitioners, policy makers and political journalists interested in questions of gender, political empowerment, rights and political participation, and to academics and students in the fields of feminist theory, development studies, sociology, politics and gender studies.
Rethinking Rights Based Mental Health Laws
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Author : Bernadette McSherry
language : en
Publisher:
Release Date : 2010
Rethinking Rights Based Mental Health Laws written by Bernadette McSherry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Electronic books categories.
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresse.
Child Marriage Rights And Choice
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Author : Hoko Horii
language : en
Publisher: Routledge
Release Date : 2021-11-18
Child Marriage Rights And Choice written by Hoko Horii and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Family & Relationships categories.
This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls’ exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as ‘any formal marriage or informal union where one or both of the parties are under 18 years of age’, is normally considered as forced – which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children’s perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework – and, indeed, the human rights framework in general – is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children’s rights, legal anthropology, and socio-legal studies.
Rethinking Human Rights And Global Constitutionalism
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Author : Ekaterina Yahyaoui Krivenko
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Rethinking Human Rights And Global Constitutionalism written by Ekaterina Yahyaoui Krivenko 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 2017-10-26 with Law categories.
This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.