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Author: Claudio Corradetti
Publisher: Springer Science & Business Media
ISBN: 140209986X
Category : Law
Languages : en
Pages : 181
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Book Description
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.
Author: Claudio Corradetti
Publisher: Springer Science & Business Media
ISBN: 140209986X
Category : Law
Languages : en
Pages : 181
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Book Description
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.
Author: Claudio Corradetti
Publisher: Springer
ISBN: 9789402421323
Category : Law
Languages : en
Pages : 0
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Book Description
Preface second edition.- Introduction second edition.- Part I.- 1 Cognitive Relativism and Experiential Rationality.- 1.1 Beyond Cognitive and Linguistic Relativism.- 1.2 Epistemic Relativism Refuted.- 1.3 The Experiential Validity of the Cognitive System.- 1.3.1 Judgement and Truth.- 2 Beyond Moral Relativism and Objectivism.- 2.1 Forms of Moral Relativism.- 2.2 The Two Horns of the Dilemma: Relativism versus Objectivism.- 2.2.1 Harman's Inner-Judgments Relativism.- 2.2.2 The Limits of Nagel's Objectivism in Morality.- 2.3 Wong's Mixed Position: the Idea of Pluralistic Relativism.- 2.4 Discursive Dialectic of Recognition.- Part II.- 3 Human Rights and Pluralisitc Universalism.- 3.1 From Purposive Action to Communicative Action.- 3.1.1 Discursive dialectics and the processes of subjectivization.- 3.2 The Priority of Recognition and the Formal System of Basic Liberties .- 3.3 Human Dignity as an orienting principle of the universal system of human rights.- 3.3.1 Human Dignity as a Juridical Principle.- 3.3 The Exemplar Validity of Human Rights.- 3.4 Deliberative Constraints and Pluralistic Universalism.- 4 The Legal Dimensions of Human Rights.- 4.1 The Source and the Content Validity of Law.- 4.2 The Structure and Function of Human Rights.- 4.3 Transplantability and Legal Commensurability.- 4.4 What is Wrong in the Democratic Peace Theory.- Bibliography.- Index of names.- Index of topics.
Author: Alison Dundes Renteln
Publisher: Quid Pro Books
ISBN: 1610271599
Category : Political Science
Languages : en
Pages : 296
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Book Description
International Human Rights is a classic socio-legal study of the incompatibility and possible reconciliation of competing views of culture relativism and absolute fundamental human rights. It features prodigious research and insight that is much cited by academics and human rights lawyers and activists over two decades. Quality ebook edition features active Contents, linked notes, and proper presentation of text and charts. Are human rights universal? Universalists and cultural relativists have long been debating this question. In INTERNATIONAL HUMAN RIGHTS, Alison Dundes Renteln reconciles the two positions and argues that, within the vast array of cultural practices and values, it is possible to create structural equivalents to rights in all societies. She poses that empirical cross-cultural research can reveal universal human rights standards, then demonstrates it through an analysis of the concept of measured retribution. INTERNATIONAL HUMAN RIGHTS provides an unusual combination of abstract theory and empirical evidence. It will interest scholars and students in political science, sociology, anthropology, peace studies, cross-cultural research, and philosophy, as well as human rights activists.
Author: Claudio Corradetti
Publisher: Springer Nature
ISBN: 9402421300
Category : Philosophy
Languages : en
Pages : 302
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Book Description
This is an innovative contribution to the philosophy of human rights. Considering both legal and philosophical scholarship, the views here bear an importance on the legitimacy of international politics and international law. As a result of more than 10 years of research, this revised edition engages with current debates through the help of new sections. Pluralistic universalism considers that, while formal filtering criteria constitute unavoidable requirements for the production of potentially valid arguments, the exemplarity of judgmental activity, in its turn, provides a pluralistic and retrospective reinterpretation for the fixity of such criteria. While speech formal standards grounds the thinnest possible presuppositions we can make as humans, the discursive exemplarity of judgments defends a notion of validity which is both contextually dependent and "subjectively universal". According to this approach, human rights principles are embedded within our linguistic argumentative practice. It is precisely from the intersubjective and dialogical relation among speakers that we come to reflect upon those same conditions of validity of our arguments. Once translated into national and regional constitutional norms, the discursive validity of exemplar judgments postulates the philosophical necessity for an ideal of legal-constitutional pluralism, challenging all those attempts trying to frustrate both horizontal (state to state) and vertical (supra-national-state-social) on-going debates on human rights. On the first edition of this book: “Claudio Corradetti’s book is a thoughtful attempt to find an adequate theoretical foundation for human rights. Its approach is interdisciplinary in nature, drawing on issues in analytical philosophy as well as contemporary political theorists, and the result is a densely argued text aimed at scholars ... .” (Andrew Lambert, Metapsychology Online Reviews, Vol. 14 (3), January, 2010) "Charting a clear course through a vast landscape of theories, Claudio Corradetti develops an original and profound account of human rights beyond objectivism and relativism. A remarkable achievement." (Rainer Forst, Professor of Political Theory and Philosophy, Goethe University Frankfurt/Main)
Author: Don S. Browning
Publisher: Rowman & Littlefield
ISBN: 9780742550902
Category : Philosophy
Languages : en
Pages : 218
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Book Description
Has moral relativism run its course? The threat of 9/11, terrorism, reproductive technology, and globalization has forced us to ask anew whether there are universal moral truths upon which to base ethical and political judgments. In this timely edited collection, distinguished scholars present and test the best answers to this question. These insightful responses temper the strong antithesis between universalism and relativism and retain sensitivity to how language and history shape the context of our moral decisions. This important and relevant work of contemporary political and social thought is ideal for use in the classroom across many disciplines, including political science, philosophy, ethics, law, and theology.
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: Marie-Luisa Frick
Publisher: Springer
ISBN: 303010785X
Category : Philosophy
Languages : en
Pages : 294
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Book Description
This book argues that human rights cannot go global without going local. This important lesson from the winding debates on universalism and particularism raises intricate questions: what are human rights after all, given the dissent surrounding their foundations, content, and scope? What are legitimate deviances from classical human rights (law) and where should we draw “red lines”? Making a case for balancing conceptual openness and distinctness, this book addresses the key human rights issues of our time and opens up novel spaces for deliberation. It engages philosophical reasoning with law, politics, and religion and demonstrates that a meaningful relativist account of human rights is not only possible, but a sorely needed antidote to dogmatism and polarization.
Author: Grace Y. Kao
Publisher: Georgetown University Press
ISBN: 1589017609
Category : Philosophy
Languages : en
Pages : 249
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Book Description
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: 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: F. Al-Daraweesh
Publisher: Palgrave Macmillan
ISBN: 9781349692088
Category : Education
Languages : en
Pages : 224
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Book Description
Through the preservation of the social, political, and cultural autonomies of peoples within diverse cultural contexts, Al-Daraweesh and Snauwaert propose a relational epistemology for human rights education.
