Human Rights In A Pluralist World

Author : J. Berting
Publisher : Unknown
Page : 288 pages
File Size : 52,7 Mb
Release : 1990
Category : Political Science
ISBN : STANFORD:36105044361157

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Human Rights in a Pluralist World by J. Berting Pdf

Based on two international conferences on human rights (sponsored, in part, by UNESCO): the first was held in Maastricht, the Netherlands, Sept. 1987; the second in Middleburg, the Netherlands, June 1988. The major objective of the conferences was to undertake a systematic analysis of the title topic in order to increase understanding of the issues in different cultural, religious, and socioeconomic contexts. The 21 contributions are not indexed, nor is a coherent bibliography provided. Annotation copyrighted by Book News, Inc., Portland, OR

Author : Grace Y. Kao
Publisher : Georgetown University Press
Page : 249 pages
File Size : 55,8 Mb
Release : 2011-03-16
Category : Philosophy
ISBN : 9781589017603

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Grounding Human Rights in a Pluralist World by Grace Y. Kao Pdf

In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights which declared that every human being, without “distinction of any kind,” possesses a set of morally authoritative rights and fundamental freedoms that ought to be socially guaranteed. Since that time, human rights have arguably become the cross-cultural moral concept and evaluative tool to measure the performance—and even legitimacy—of domestic regimes. Yet questions remain that challenge their universal validity and theoretical bases. Some theorists are ”maximalist” in their insistence that human rights must be grounded religiously, while an opposing camp attempts to justify these rights in “minimalist” fashion without any necessary recourse to religion, metaphysics, or essentialism. In Grounding Human Rights in a Pluralist World, Grace Kao critically examines the strengths and weaknesses of these contending interpretations while also exploring the political liberalism of John Rawls and the Capability Approach as proposed by economist Amartya Sen and philosopher Martha Nussbaum. By retrieving insights from a variety of approaches, Kao defends an account of human rights that straddles the minimalist–maximalist divide, one that links human rights to a conception of our common humanity and to the notion that ethical realism gives the most satisfying account of our commitment to the equal moral worth of all human beings.

Author : René Provost,Colleen Sheppard
Publisher : Springer Science & Business Media
Page : 293 pages
File Size : 52,9 Mb
Release : 2012-08-10
Category : Law
ISBN : 9789400747104

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Dialogues on Human Rights and Legal Pluralism by René Provost,Colleen Sheppard Pdf

Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.

Author : Jan BERTING
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 1990
Category : Electronic
ISBN : OCLC:880989917

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Human Rights in a Pluralist World Individuals and Collectivities by Jan BERTING Pdf

Author : A. Soeteman
Publisher : Springer Science & Business Media
Page : 402 pages
File Size : 51,9 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401727020

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Pluralism and Law by A. Soeteman Pdf

What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.

Author : Ari Kohen
Publisher : Routledge
Page : 410 pages
File Size : 52,7 Mb
Release : 2007-03-06
Category : Political Science
ISBN : 9781134110353

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In Defense of Human Rights by Ari Kohen Pdf

The argument that religion provides the only compelling foundation for human rights is both challenging and thought-provoking and answering it is of fundamental importance to the furthering of the human rights agenda. This book establishes an equally compelling non-religious foundation for the idea of human rights, engaging with the writings of many key thinkers in the field, including Michael J. Perry, Alan Gewirth, Ronald Dworkin and Richard Rorty. Ari Kohen draws on the Universal Declaration of Human Rights as a political consensus of overlapping ideas from cultures and communities around the world that establishes the dignity of humans and argues that this dignity gives rise to collective human rights. In constructing this consensus, we have succeeded in establishing a practical non-religious foundation upon which the idea of human rights can rest. In Defense of Human Rights will be of interest to students and scholars of political theory, philosophy, religious studies and human rights.

Author : Michael Da Silva
Publisher : University of Toronto Press
Page : 325 pages
File Size : 51,6 Mb
Release : 2021
Category : Law
ISBN : 9781487508722

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The Pluralist Right to Health Care by Michael Da Silva Pdf

Health rights are a common but controversial legal phenomenon. Every country is signatory to a treaty that incorporates health rights, yet existing health rights do not fit easily into the traditional "claim right" model, and questions remain over how to theoretically incorporate health rights into domestic systems. The Pluralist Right to Health Care addresses this incongruity between theory and practice with an account of the right to health care that is both philosophically and practically sound. Utilizing a pluralist framework, Michael Da Silva argues that the right to health care is best understood as a set of claims to related ends: the goods necessary for a dignified existence, procedural fairness in determining what other goods to provide and in the provision of goods, and a functioning health care system. Through philosophical reasoning, analysis of relevant international human rights law, and a close study of the Canadian case, The Pluralist Right to Health Care provides crucial insight into the potential of law and policy to improve health care systems in Canada and beyond.

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
Page : 224 pages
File Size : 51,7 Mb
Release : 2004
Category : Law
ISBN : 3515084460

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Pluralism and Law by International Association for Philosophy of Law and Social Philosophy. World Congress Pdf

Contents Brenda M. Baker: Will Kymlicka on Minority Cultures and their Entitlements - Patricia Smith: Legal Reason, Human Rights and Plural Values - B. de Castro Cid: Some paradoxes about collective human rights - Winfried Brugger: The Common Good and Pluralism in the Modern Constitutional State - Carla M. Zoethout: Does the multicultural Society Require New Human Rights? An Appeal to the Ideal of Constitutional Democracy - Valentin Petev: Legal Ought and Moral Ought in a Pluralistic Society - John Mikhail: Islamic Rationalism and the Foundation of Human Rights - Kamal Hossain: Pluralism and the Law, Evolving legal frameworks for change in Muslim societies: some reflections - Kate McMillan: Non-indigenous minority rights in the neo-liberal state: the New Zealand experience - Agnes T. M. Schreiner: Observing the differences - Christoph Eberhard / Nidhi Gupta: Towards a Pluralist and Intercultural Approach to Law: Tackling the Challenge of Women's Rights in India - Cees Maris / Sawitri Saharso: Honour Killing: A Case for Cultural Defence? - Albie Sachs: Towards the Revitalisation of Customary Law in an Egalitarian Constitutional Democracy - Christa Rautenbach: Legal Pluralism versus Gender Equality: The South African Scenario - Marek Smolak: Lustration and Reconciliation. Polish and South African experience - Luiz Fernando Coelho: The Future of Law and the Remembrance of the Future - Stephen C. Hicks: Spirit and Law: the legal person in a post-modern, global, hi-tech world - Barry J. Rodger: Globalisation and the Depoliticisation of Competition Law - David Castle: Legal Ontology and the Conservation of Biodiversity - Keith Culver: Returning to Normal: Can Corrective Justice Be Achieved When Genetically Modified Salmon Escape and Do Damage? - Willemien du Plessis / Johan Nel: Environmental Framework Law: a strategy towards integrating pluralistic legislation - Kimmo Nuotio: Making Sense of the aeInternational' and the aeRegional' in Criminal Law and Criminal Policy.

Author : Yüksel Sezgin
Publisher : LIT Verlag Münster
Page : 203 pages
File Size : 42,9 Mb
Release : 2011
Category : Law
ISBN : 9783643999054

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Human Rights and Legal Pluralism by Yüksel Sezgin Pdf

'Human Rights and Legal Pluralism' opens with an article on how to integrate human rights into customary and religious legal systems generally before looking at a 'tribal' women's forum in South Rajastan, customary justice in Sierra Leone, indigenous justice systems in Latin America and deep legal pluralism in South Africa.

Author : John Witte, Jr,Frank S. Alexander
Publisher : Cambridge University Press
Page : 403 pages
File Size : 51,5 Mb
Release : 2010-12-23
Category : Religion
ISBN : 9781139494113

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Christianity and Human Rights by John Witte, Jr,Frank S. Alexander Pdf

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

Author : Allan Rosas,Jan Helgesen,Diane Goodman
Publisher : Martinus Nijhoff Publishers
Page : 266 pages
File Size : 48,7 Mb
Release : 2022-06-13
Category : Law
ISBN : 9789004479388

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The Strength of Diversity by Allan Rosas,Jan Helgesen,Diane Goodman Pdf

At the beginning of the 1990's, all CSCE (Conference on Security and Co-operation in Europe) States committed themselves to pluralist democracy, the rule of law and human rights and fundamental freedoms. The idea of pluralist democracy is also gaining ground in other parts of the world.

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 46,8 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author : Giselle Corradi,Eva Brems,Mark Goodale
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 53,6 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781849467711

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Human Rights Encounter Legal Pluralism by Giselle Corradi,Eva Brems,Mark Goodale Pdf

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.

Author : Richard Pierre Claude
Publisher : University of Pennsylvania Press
Page : 484 pages
File Size : 52,9 Mb
Release : 1992
Category : Law
ISBN : 0812213963

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Human Rights in the World Community by Richard Pierre Claude Pdf

Less Than a Roar

Author : Claudio Corradetti
Publisher : Springer Science & Business Media
Page : 181 pages
File Size : 54,8 Mb
Release : 2009-04-15
Category : Law
ISBN : 9781402099861

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Relativism and Human Rights by Claudio Corradetti Pdf

When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI [If this is a man, pp. 111–112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ [Samtlic ̈ he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world.