The Value And Limits Of Rights
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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.
The Limits Of Human Rights
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Author : Bardo Fassbender
language : en
Publisher: Oxford University Press
Release Date : 2019-11-21
The Limits Of Human Rights written by Bardo Fassbender 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 2019-11-21 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.
Human Rights And Their Limits
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Author : Wiktor Osiatyński
language : en
Publisher: Cambridge University Press
Release Date : 2009-09-14
Human Rights And Their Limits written by Wiktor Osiatyński 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 2009-09-14 with Political Science categories.
Human Rights and their Limits shows that the concept of human rights has developed in waves: each call for rights served the purpose of social groups that tried to stop further proliferation of rights once their own goals were reached. While defending the universality of human rights as norms of behavior, Osiatyński admits that the philosophy on human rights does not need to be universal. Instead he suggests that the enjoyment of social rights should be contingent upon the recipient's contribution to society. He calls for a 'soft universalism' that will not impose rights on others but will share the experience of freedom and help the victims of violations. Although a state of unlimited democracy threatens rights, the excess of rights can limit resources indispensable for democracy. This book argues that, although rights are a prerequisite of freedom, they should be balanced with other values that are indispensable for social harmony and personal happiness.
Rescuing Human Rights
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Author : Hurst Hannum
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-14
Rescuing Human Rights written by Hurst Hannum 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 2019-02-14 with Law categories.
Focuses on understanding human rights as they really are and their proper role in international affairs.
The Negotiable Constitution
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Author : Grégoire C. N. Webber
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-26
The Negotiable Constitution written by Grégoire C. N. Webber 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 2009-11-26 with Law categories.
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
Human Rights
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Author : Andrew Clapham
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Human Rights written by Andrew Clapham 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 Philosophy categories.
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
The Global Model Of Constitutional Rights
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Author : Kai Möller
language : en
Publisher: Oxford University Press
Release Date : 2012-10-25
The Global Model Of Constitutional Rights written by Kai Möller 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 2012-10-25 with Law categories.
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Law In The Age Of Pluralism
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Author : Andrei Marmor
language : en
Publisher: Oxford University Press
Release Date : 2007-12-31
Law In The Age Of Pluralism written by Andrei Marmor 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 2007-12-31 with Law categories.
Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
The Limits Of Fundamental Rights Protection By The Eu
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Author : Malu Beijer
language : en
Publisher:
Release Date : 2017
The Limits Of Fundamental Rights Protection By The Eu written by Malu Beijer 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.
Using insights gained from the development of positive obligations by the European Court of Human Rights, this volume analyses the possibility of incorporating positive obligations into EU law.
The Constitution Of Equality
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Author : Thomas Christiano
language : en
Publisher: OUP Oxford
Release Date : 2010-06-10
The Constitution Of Equality written by Thomas Christiano and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-10 with Political Science categories.
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.