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Author: Jack Donnelly
Publisher: Cornell University Press
ISBN: 9780801487767
Category : Law
Languages : en
Pages : 308
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Book Description
(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
Author: Jack Donnelly
Publisher: Cornell University Press
ISBN: 9780801487767
Category : Law
Languages : en
Pages : 308
Get Book Here
Book Description
(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
Author: Rainer Arnold
Publisher: Springer Science & Business Media
ISBN: 9400745109
Category : Law
Languages : en
Pages : 435
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Book Description
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
Author: Jack Donnelly
Publisher: Routledge
ISBN: 1000704734
Category : Political Science
Languages : en
Pages : 160
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Book Description
First published in 1985. In this study, Donnelly distinguishes between "having a right" and "being right" and elaborates the distinction with great subtlety to show that rights have to be understood as action and not as a possession. This is done with such clarity and good sense that he is able to cast light on all aspects of the often confusing discussions of the natures and usages of "right". He illuminates an astonishing range of issues, from the limitations of Thomist and utilitarian conceptions of right to the confusions of many present-day defenders of rights, both in the West and the Third World. As importantly, Donnelly is centrally concerned with the human aspect of "human rights". He is thus able to rest his discussion of rights on a plausible philosophical anthropology as well as an appreciation of an historical dimension to human rights, and, at the end of his book, is able to open the door towards potential new developments in the discussion of human rights. Down the path he points us lies a reconciliation of the notion of individual rights with that of political community. This title will be of great interest to students of politics and philosophy.
Author: Hurst Hannum
Publisher: Cambridge University Press
ISBN: 1108417485
Category : Law
Languages : en
Pages : 245
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Book Description
Focuses on understanding human rights as they really are and their proper role in international affairs.
Author: Jan Wouters
Publisher: Edward Elgar Publishing
ISBN: 183910032X
Category : Political Science
Languages : en
Pages : 369
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Book Description
This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?
Author: Richard B. Day
Publisher: BRILL
ISBN: 9004155813
Category : Political Science
Languages : en
Pages : 473
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Book Description
This book measures the current institutional and political realities surrounding globalization against philosophical ideals. Though the contributors share no particular orthodoxy, they do share the conviction that human responsibility is possible in circumstances that often appear to deny human agency.
Author: Federico Lenzerini
Publisher: OUP Oxford
ISBN: 0191641316
Category : Law
Languages : en
Pages : 306
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Book Description
The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.
Author: Michael Goodhart
Publisher: Routledge
ISBN: 1135431957
Category : Political Science
Languages : en
Pages : 253
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Book Description
Is global democracy possible? The most prominent institutional manifestations of this concept-the UN, WTO, IMF and World Bank-have been skewered as cloistered anti-democratic institutions by anti-globalization activists. Meanwhile, proponents of globalization advocate reforming these institutions to make them more transparent. Michael Goodhart argues that both views fail to recognize the complex link between modern democracy and the sovereign state and the degree to which globalization challenges the modern conceptualization of democracy. Original and historically informed, Democracy as Human Rights provides a carefully argued theory of democracy in which traditional representative government is supported by global institutions designed to guarantee fundamental human rights.
Author: R. J. Vincent
Publisher: Cambridge University Press
ISBN: 9780521339957
Category : Political Science
Languages : en
Pages : 198
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Book Description
Part 1. Theory.
Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 110701624X
Category : Law
Languages : en
Pages : 373
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Book Description
Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.
