Political And Legal Approaches To Human Rights

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Political and Legal Approaches to Human Rights

Author : Tom Campbell,Kylie Bourne
Publisher : Routledge
Page : 330 pages
File Size : 49,8 Mb
Release : 2017-11-22
Category : Law
ISBN : 9781351717175

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Political and Legal Approaches to Human Rights by Tom Campbell,Kylie Bourne Pdf

This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’ approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book. At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.

Human Rights

Author : Michael Goodhart
Publisher : Oxford University Press, USA
Page : 514 pages
File Size : 41,5 Mb
Release : 2013
Category : Political Science
ISBN : 9780199608287

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Human Rights by Michael Goodhart Pdf

Human Rights: Politics and Practice is an introduction to human rights that goes beyond a purely legal perspective to look at theoretical issues and practical approaches. Bringing together leading experts, it is up to date with cutting edge research in a constantly evolving field.

Moral and Political Conceptions of Human Rights

Author : Reidar Maliks,Johan Karlsson Schaffer
Publisher : Cambridge University Press
Page : 317 pages
File Size : 55,9 Mb
Release : 2017-07-25
Category : Law
ISBN : 9781107153974

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Moral and Political Conceptions of Human Rights by Reidar Maliks,Johan Karlsson Schaffer Pdf

Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.

Making Sense of Human Rights

Author : James W. Nickel
Publisher : Univ of California Press
Page : 276 pages
File Size : 53,5 Mb
Release : 1987
Category : Philosophy
ISBN : 0520059948

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Making Sense of Human Rights by James W. Nickel Pdf

This fully revised and extended edition of James Nickel's classic study explains and defends the contemporary conception of human rights. Combining philosophical, legal and political approaches, Nickel explains international human rights law and addresses questions of justification and feasibility. New, revised edition of James Nickel's classic study. Explains and defends the conception of human rights found in the" Universal Declaration of Human Rights" (1948) and subsequent treaties in a clear and lively style. Covers fundamental freedoms, due process rights, social rights, and minority rights. Updated throughout to include developments in law, politics, and theory since the publication of the first edition. New features for this edition include an extensive bibliography and a chapter on human rights and terrorism.

Human Rights

Author : Michael Freeman
Publisher : Polity
Page : 216 pages
File Size : 46,8 Mb
Release : 2002-12-02
Category : Political Science
ISBN : 0745623565

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Human Rights by Michael Freeman Pdf

Human Rights is an introductory text that is both innovative and challenging. It invites students to think conceptually about one of the most important and influential political concepts of our time. In this unique interdisciplinary approach, Michael Freeman emphasizes the complex ways in which the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights. By tracing the history of the concept, the book shows that there is a fundamental tension between the philosophy of human rights and the way in which it is understood in the social sciences. This analysis throws light on some of the most controversial issues in the field: Is the idea of the universality of human rights consistent with respect for cultural difference? Are there collective human rights? Should feminists embrace, revise or reject the idea of human rights? Does the idea of human rights distract our attention from the structural causes of oppression and exploitation? What are the underlying causes of human rights violations? And why do some countries have much worse human rights records than others? The book will appeal to students in the social sciences, as well as students of human rights law who want an introduction to the non-legal aspects of their subject. It will also be read by scholars interested in ethics and the social sciences, as well as the general reader.

Human Rights from a Third World Perspective

Author : José-Manuel Barreto
Publisher : Cambridge Scholars Publishing
Page : 460 pages
File Size : 41,5 Mb
Release : 2014-08-26
Category : Philosophy
ISBN : 9781443866453

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Human Rights from a Third World Perspective by José-Manuel Barreto Pdf

Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.

Human Rights

Author : Michael Freeman
Publisher : John Wiley & Sons
Page : 267 pages
File Size : 50,5 Mb
Release : 2017-07-24
Category : Political Science
ISBN : 9781509510313

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Human Rights by Michael Freeman Pdf

Human Rights is an introductory text that is both innovative and challenging. Its unique interdisciplinary approach invites students to think imaginatively and rigorously about one of the most important and influential political concepts of our time. Tracing the history of the concept, the book shows that there are fundamental tensions between legal, philosophical and social-scientific approaches to human rights. This analysis throws light on some of the most controversial issues in the field: Is the idea of the universality of human rights consistent with respect for cultural difference? Are there collective human rights? What are the underlying causes of human-rights violations? And why do some countries have much worse human-rights records than others? The third edition has been substantially revised and updated to take account of recent developments, including the ‘Arab Spring’, the civil war in Syria, the refugee crisis, ISIS and international terrorism, and climate change politics. Widely admired and assigned for its clarity and comprehensiveness, this book remains a ‘go-to’ text for students in the social sciences, as well as students of human-rights law who want an introduction to the non-legal aspects of their subject.

The Legalization of Human Rights

Author : Saladin Meckled-García,Basak Çali
Publisher : Routledge
Page : 230 pages
File Size : 53,9 Mb
Release : 2006-01-16
Category : Political Science
ISBN : 9781134234530

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The Legalization of Human Rights by Saladin Meckled-García,Basak Çali Pdf

The concept of 'human rights' as a universal goal is at the centre of the international stage. It is now a key part in discourse, treaties and in domestic jurisdictions. However, as this study shows, the debate around this development is actually about human rights law. This text scrutinizes the extent to which legalization shapes the human rights ideal, and surveys its ethical, political and practical repercussions. How does the law influence what we think about rights? What more is there to such rights than their legal protection? These expert contributors approach these questions from a range of perspectives: political theory/moral theory, anthropology, sociology, international law, international politics and political science, to deliver a diversity of methodologies. This book is essential reading for those wishing to develop a clear understanding of the relationship between human rights ideals and laws and for those working toward the fostering of a genuine human rights culture.

Reconciling Law and Morality in Human Rights Discourse

Author : Willy Moka-Mubelo
Publisher : Springer
Page : 205 pages
File Size : 45,5 Mb
Release : 2016-12-13
Category : Philosophy
ISBN : 9783319494968

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Reconciling Law and Morality in Human Rights Discourse by Willy Moka-Mubelo Pdf

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.

Human Rights

Author : Michael Freeman
Publisher : Polity
Page : 253 pages
File Size : 44,8 Mb
Release : 2011-04-11
Category : Political Science
ISBN : 9780745639666

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Human Rights by Michael Freeman Pdf

Introducing readers to the theory and practice of human rights, this text emphasises how the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights.

Development as a Human Right

Author : Bård-Anders Andreassen,Stephen P. Marks
Publisher : Intersentia NV
Page : 454 pages
File Size : 53,8 Mb
Release : 2010
Category : Business & Economics
ISBN : STANFORD:36105134513725

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Development as a Human Right by Bård-Anders Andreassen,Stephen P. Marks Pdf

Bsrd A. Andreassen is Professor at the Norwegian Center for Human Rights and Director of Research (human rights and development) at the Law Faculty, University of Oslo. --

Socializing States

Author : Ryan Goodman,Derek Jinks
Publisher : Oxford University Press
Page : 256 pages
File Size : 46,6 Mb
Release : 2013-09-11
Category : Political Science
ISBN : 9780190203252

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Socializing States by Ryan Goodman,Derek Jinks Pdf

The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

International Human Rights Law

Author : Javaid Rehman
Publisher : Pearson Education
Page : 542 pages
File Size : 52,6 Mb
Release : 2003
Category : Law
ISBN : 0582437733

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International Human Rights Law by Javaid Rehman Pdf

RIGHTS OF THE CHILD

The Politics of Human Rights

Author : Tony Evans
Publisher : Human Security in the Global E
Page : 182 pages
File Size : 55,9 Mb
Release : 2005-05-20
Category : Political Science
ISBN : UCSC:32106018097805

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The Politics of Human Rights by Tony Evans Pdf

This is a new edition of this popular introduction to the politics of human rights.Tony Evans argues that the state's central role in protecting and promoting rights has been severely weakened under globalization and that as a consequence human rights are becoming less attainable. As the value of the market grows, the value of individual human rights decreases. The author departs from traditional interpretations of human rights by focusing on the political economy of human rights rather than on the philosophical or legal aspects. He analyses how issues related to globalization, such as the environment, population movement patterns and free trade impact on individual human rights. In conclusion, he argues that the Universal Declaration on Human Rights and other major treaties must be renegotiated to take globalization into account.

Universal Human Rights in Theory and Practice

Author : Jack Donnelly
Publisher : Cornell University Press
Page : 308 pages
File Size : 52,7 Mb
Release : 2003
Category : Law
ISBN : 0801487765

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Universal Human Rights in Theory and Practice by Jack Donnelly Pdf

(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR