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Author : Douglas Hodgson
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2003
Category : Electronic book
ISBN : OCLC:1066682867
Author : David Kretzmer,Eckart Klein
Publisher : BRILL
Page : 323 pages
File Size : 52,6 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004478190
The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.
Author : Douglas Hodgson
Publisher : Routledge
Page : 428 pages
File Size : 50,8 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351927826
Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy, jurisprudence, religion, and ethics. The author attempts to demonstrate that a greater emphasis upon individual duties is consistent with a cultural relativist critique, natural law theory, the experience of national legal systems and regional human rights systems, certain socio-political philosophies and conventional sociological postulates, and the dictates of good public policy. The author urges the assignment of a greater, indeed revived, role for the principle of individual duty in order to achieve a more salutary balance between rights and duties and in the relationship between individual freedom and the welfare of the general community.
Author : Eric R. Boot
Publisher : Springer
Page : 183 pages
File Size : 48,5 Mb
Release : 2017-10-24
Category : Philosophy
ISBN : 9783319669571
This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University
Author : Willy Moka-Mubelo
Publisher : Springer
Page : 205 pages
File Size : 40,8 Mb
Release : 2016-12-13
Category : Philosophy
ISBN : 9783319494968
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.
Author : Jiyoung Song
Publisher : Routledge
Page : 237 pages
File Size : 54,9 Mb
Release : 2010-12-16
Category : Political Science
ISBN : 9781136853159
Jiyoung Song explains how North Korea has understood the concepts of human rights in its public documents since the independence in 1945 from Japan after 36 years' colonial rule. Through active campaigns and international criticism, foreign governments and non-governmental organisations outside North Korea have been publishing numerous allegations on North Korean human rights violations. On the other hand, the efforts to engage with North Korea in order to improve the human rights situation through humanitarian assistance and to understand how North Koreans interpret human rights are often ove.
Author : David Kinley,Wojciech Sadurski,Kevin Walton
Publisher : Edward Elgar Publishing
Page : 275 pages
File Size : 48,8 Mb
Release : 2013-11-29
Category : Political Science
ISBN : 9781781002759
Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos
Author : Pablo Gilabert
Publisher : Oxford University Press, USA
Page : 362 pages
File Size : 40,7 Mb
Release : 2019-01-22
Category : Philosophy
ISBN : 9780198827221
Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.
Author : Elizabeth Swanson Goldberg,Alexandra Schultheis Moore
Publisher : Routledge
Page : 336 pages
File Size : 41,8 Mb
Release : 2013-03-01
Category : Literary Criticism
ISBN : 9781136646379
What can literary theory reveal about discourses and practices of human rights, and how can human rights frameworks help to make sense of literature? How have human rights concerns shaped the literary marketplace, and how can literature impact human rights concerns? Essays in this volume theorize how both literature and reading literarily can shape understanding of human rights in productive ways. Contributors to Theoretical Perspectives on Human Rights and Literature provide a shared history of modern literature and rights; theorize how trauma, ethics, subjectivity, and witnessing shape representations of human rights violations and claims in literary texts across a range of genres (including poetry, the novel, graphic narrative, short story, testimonial, and religious fables); and consider a range of civil, political, social, economic, and cultural rights and their representations. The authors reflect on the imperial and colonial histories of human rights as well as the cynical mobilization of human rights discourses in the name of war, violence, and repression; at the same time, they take seriously Gayatri Spivak’s exhortation that human rights is something that we "cannot not want," exploring the central function of storytelling at the heart of all human rights claims, discourses, and policies.
Author : Myres S. McDougal,Lung-Chu Chen
Publisher : Oxford University Press, USA
Page : 1137 pages
File Size : 49,6 Mb
Release : 2018-12-14
Category : Law
ISBN : 9780190882631
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Author : Robert McCorquodale
Publisher : Ashgate Publishing
Page : 654 pages
File Size : 50,6 Mb
Release : 2003
Category : Human rights
ISBN : STANFORD:36105063590660
Theories of human rights are important, as they can be a means to challenging entrenched and oppressive power. These key essays take a philosophical approach to human rights, questioning dominant theories and offering different perspectives on their application.
Author : Dr Konstantinos Mastorodimos
Publisher : Ashgate Publishing, Ltd.
Page : 316 pages
File Size : 46,6 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781472456182
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Author : David Boersema
Publisher : Routledge
Page : 458 pages
File Size : 52,7 Mb
Release : 2018-04-19
Category : Philosophy
ISBN : 9780429977947
Combining the sustained, coherent perspective of an authored text with diverse, authoritative primary readings, Philosophy of Human Rights provides the context and commentary students need to comprehend challenging rights concepts. Clear, accessible writing, thoughtful consideration of primary source documents, and practical, everyday examples pertinent to students' lives enhance this core textbook for courses on human rights and political philosophy. The first part of the book explores theoretical aspects, including the nature, justification, content, and scope of rights. With an emphasis on contemporary issues and debates, the second part applies these theories to practical issues such as political discourse, free expression, the right to privacy, children's rights, and victims' rights. The third part of the book features the crucial documents that are referred to throughout the book, including the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human Rights and Peoples' Rights, and many more.
Author : Thomas Cushman
Publisher : Routledge
Page : 1097 pages
File Size : 47,8 Mb
Release : 2012-02-20
Category : Philosophy
ISBN : 9781134019076
In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights not only provides a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises over sixty individual contributions from key figures around the world, which are grouped according to eight key areas of discussion: foundations and critiques; new frameworks for understanding human rights; world religious traditions and human rights; social, economic, group, and collective rights; critical perspectives on human rights organizations, institutions, and practices; law and human rights; narrative and aesthetic dimension of rights; geographies of rights. In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights.
Author : Virpi Mäkinen,Petter Korkman
Publisher : Springer Science & Business Media
Page : 318 pages
File Size : 45,6 Mb
Release : 2006-02-27
Category : Political Science
ISBN : 9781402042126
Rights language is a fundamental feature of the modern world. Virtually all significant social and political struggles are waged, and have been waged for over a century now, in terms of rights claims. In some ways, it is precisely the birth of modern rights language that ushers in modernity in terms of moral and political thought, and the struggle for a modern way of life seems for many synonymous with the fight for a universal recognition of equal, individual human rights. Where did modern rights language come from? What kinds of rights discourses is it rooted in? What is the specific nature of modern rights discourse; when and where were medieval and ancient notions of rights transformed into it? Can one in fact find any single such transformation of medieval into modern rights discourse? This book brings together some of the most central scholars in the history of medieval and early-modern rights discourse. Through the different angles taken by its authors, the volume brings to light the multifaceted nature of rights languages in the medieval and early modern world.