Author: Gary B. Herbert
Publisher: Transaction Publishers
ISBN: 1412816203
Category :
Languages : en
Pages : 382
Book Description
A Philosophical History of Rights
Author: Gary B. Herbert
Publisher: Transaction Publishers
ISBN: 1412816203
Category :
Languages : en
Pages : 382
Book Description
Publisher: Transaction Publishers
ISBN: 1412816203
Category :
Languages : en
Pages : 382
Book Description
A Philosophical Introduction to Human Rights
Author: Thomas Mertens
Publisher: Cambridge University Press
ISBN: 1108244394
Category : Political Science
Languages : en
Pages : 313
Book Description
While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.
Publisher: Cambridge University Press
ISBN: 1108244394
Category : Political Science
Languages : en
Pages : 313
Book Description
While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.
Philosophical Dimensions of Human Rights
Author: Claudio Corradetti
Publisher: Springer Science & Business Media
ISBN: 9400723768
Category : Philosophy
Languages : en
Pages : 340
Book Description
This book presents a unique collection of the most relevant perspectives in contemporary human rights philosophy. Different intellectual traditions are brought together to explore some of the core postmodern issues challenging standard justifications. Widely accessible also to non experts, contributions aim at opening new perspectives on the state of the art of the philosophy of human rights. This makes this book particularly suitable to human rights experts as well as master and doctoral students. Further, while conceived in a uniform and homogeneous way, the book is internally organized around three central themes: an introduction to theories of rights and their relation to values; a set of contributions presenting some of the most influential contemporary strategies; and finally a number of articles evaluating those empirical challenges springing from the implementation of human rights. This specific set-up of the book provides readers with a stimulating presentation of a growing and interconnecting number of problems that post-natural law theories face today. While most of the contributions are new and specifically conceived for the present occasion, the volume includes also some recently published influential essays on rights, democracy and their political implementation.
Publisher: Springer Science & Business Media
ISBN: 9400723768
Category : Philosophy
Languages : en
Pages : 340
Book Description
This book presents a unique collection of the most relevant perspectives in contemporary human rights philosophy. Different intellectual traditions are brought together to explore some of the core postmodern issues challenging standard justifications. Widely accessible also to non experts, contributions aim at opening new perspectives on the state of the art of the philosophy of human rights. This makes this book particularly suitable to human rights experts as well as master and doctoral students. Further, while conceived in a uniform and homogeneous way, the book is internally organized around three central themes: an introduction to theories of rights and their relation to values; a set of contributions presenting some of the most influential contemporary strategies; and finally a number of articles evaluating those empirical challenges springing from the implementation of human rights. This specific set-up of the book provides readers with a stimulating presentation of a growing and interconnecting number of problems that post-natural law theories face today. While most of the contributions are new and specifically conceived for the present occasion, the volume includes also some recently published influential essays on rights, democracy and their political implementation.
Philosophical Foundation of Human Rights
Author: Paul Tiedemann
Publisher: Springer Nature
ISBN: 3030422623
Category : Law
Languages : en
Pages : 410
Book Description
This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement. Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.
Publisher: Springer Nature
ISBN: 3030422623
Category : Law
Languages : en
Pages : 410
Book Description
This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement. Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.
Rethinking Rights
Author: Eleanor Curran
Publisher: Rowman & Littlefield
ISBN: 1498547885
Category : Philosophy
Languages : en
Pages : 181
Book Description
Re-thinking Rights: Historical Development and Philosophical Justificationtakes a new look at the history of individual rights, focussing on the way that philosophers have written that history. The scholastics and early modern writers used the notion of natural rights to debate the big moral and political questions of the day, such as the treatment of Indigenous Americans under Spanish rule. John Locke put natural rights at the centre of liberal political thought. But as the idea grew in strength and influence, empiricist and positivist philosophers punctured it with attacks of logical incompetence and illegitimate appeals to theology and metaphysics. Philosophers then turned to law and jurisprudence for the philosophical analysis of rights, where it has largely stayed ever since. Eleanor Curran argues that the dominance of the Hohfeldian analysis of (legal) rights has restricted our understanding of moral and political rights and led to distorted readings of historical writers on rights. It has also led to the separation of right from the important related notion of liberty—freedoms are now seen as inferior to claims. Curran looks at recent philosophy of human rights and suggests a way forward for justifying universal moral and political rights and separating them from legal rights.
Publisher: Rowman & Littlefield
ISBN: 1498547885
Category : Philosophy
Languages : en
Pages : 181
Book Description
Re-thinking Rights: Historical Development and Philosophical Justificationtakes a new look at the history of individual rights, focussing on the way that philosophers have written that history. The scholastics and early modern writers used the notion of natural rights to debate the big moral and political questions of the day, such as the treatment of Indigenous Americans under Spanish rule. John Locke put natural rights at the centre of liberal political thought. But as the idea grew in strength and influence, empiricist and positivist philosophers punctured it with attacks of logical incompetence and illegitimate appeals to theology and metaphysics. Philosophers then turned to law and jurisprudence for the philosophical analysis of rights, where it has largely stayed ever since. Eleanor Curran argues that the dominance of the Hohfeldian analysis of (legal) rights has restricted our understanding of moral and political rights and led to distorted readings of historical writers on rights. It has also led to the separation of right from the important related notion of liberty—freedoms are now seen as inferior to claims. Curran looks at recent philosophy of human rights and suggests a way forward for justifying universal moral and political rights and separating them from legal rights.
Uncountable
Author: David Nirenberg
Publisher: University of Chicago Press
ISBN: 022664698X
Category : History
Languages : en
Pages : 429
Book Description
"From the time of Pythagoras, we have been tempted to treat numbers as the ultimate or only truth. This book tells the history of that habit of thought. But more, it argues that the logic of counting sacrifices much of what makes us human, and that we have a responsibility to match the objects of our attention to the forms of knowledge that do them justice. Humans have extended the insights and methods of number and mathematics to more and more aspects of the world, even to their gods and their religions.Today those powers are greater than ever, as computation is applied to virtually every aspect of human activity.But the rules of mathematics do not strictly apply to many things-from elementary particles to people-in the world.By subjecting such things to the laws of logic and mathematics, we gain some kinds of knowledge, but we also lose others. How do our choices about what parts of the world to subject to the logics of mathematics affect how we live and how we die?This question is rarely asked, but it is urgent, because the sciences built upon those laws now govern so much of our knowledge, from physics to psychology.Number and Knowledge sets out to ask it. In chapters proceeding chronologically from Ancient Greek philosophy and the rise of monotheistic religions to the emergence of modern physics and economics, the book traces how ideals, practices, and habits of thought formed over millennia have turned number into the foundation-stone of human claims to knowledge and certainty.But the book is also a philosophical and poetic exhortation to take responsibility for that history, for the knowledge it has produced, and for the many aspects of the world and of humanity that it ignores or endangers.To understand what can be counted and what can't is to embrace the ethics of purposeful knowing"--
Publisher: University of Chicago Press
ISBN: 022664698X
Category : History
Languages : en
Pages : 429
Book Description
"From the time of Pythagoras, we have been tempted to treat numbers as the ultimate or only truth. This book tells the history of that habit of thought. But more, it argues that the logic of counting sacrifices much of what makes us human, and that we have a responsibility to match the objects of our attention to the forms of knowledge that do them justice. Humans have extended the insights and methods of number and mathematics to more and more aspects of the world, even to their gods and their religions.Today those powers are greater than ever, as computation is applied to virtually every aspect of human activity.But the rules of mathematics do not strictly apply to many things-from elementary particles to people-in the world.By subjecting such things to the laws of logic and mathematics, we gain some kinds of knowledge, but we also lose others. How do our choices about what parts of the world to subject to the logics of mathematics affect how we live and how we die?This question is rarely asked, but it is urgent, because the sciences built upon those laws now govern so much of our knowledge, from physics to psychology.Number and Knowledge sets out to ask it. In chapters proceeding chronologically from Ancient Greek philosophy and the rise of monotheistic religions to the emergence of modern physics and economics, the book traces how ideals, practices, and habits of thought formed over millennia have turned number into the foundation-stone of human claims to knowledge and certainty.But the book is also a philosophical and poetic exhortation to take responsibility for that history, for the knowledge it has produced, and for the many aspects of the world and of humanity that it ignores or endangers.To understand what can be counted and what can't is to embrace the ethics of purposeful knowing"--
The Law of God
Author: Rémi Brague
Publisher: University of Chicago Press
ISBN: 022680805X
Category : Philosophy
Languages : en
Pages : 378
Book Description
The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with The Wisdom of the World—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. The Law of God offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, New YorkSun “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—Times Higher Education Supplement
Publisher: University of Chicago Press
ISBN: 022680805X
Category : Philosophy
Languages : en
Pages : 378
Book Description
The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with The Wisdom of the World—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. The Law of God offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, New YorkSun “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—Times Higher Education Supplement
Philosophical Foundations of Human Rights
Author: Rowan Cruft
Publisher: Oxford University Press
ISBN: 0199688621
Category : Law
Languages : en
Pages : 721
Book Description
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
Publisher: Oxford University Press
ISBN: 0199688621
Category : Law
Languages : en
Pages : 721
Book Description
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
Wronging Rights?
Author: Aakash Singh Rathore
Publisher: Routledge
ISBN: 1136704280
Category : History
Languages : en
Pages : 217
Book Description
This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers (Ratna Kapur, G. C. Spivak, Upendra Baxi; Slavoj Žižek, Jacques Rancière), while in the middle, an American intermezzo (Richard Rorty, Wendy Brown) functions as a genuine Derridian supplement: always already contaminating the purity of the two theoretical schools, preventing their enclosure and, hence, fuelling and complicating further their mutual confrontation. As in any authentic dialogue, the introduction and the conclusion each claim victory for one of the sides by changing the very terms and rules of the dialogue, picturing it as a confrontation between emancipatory universalism and inefficient particularism (from the perspective of the post-Althusserians), or as a split between hypocrisy and truth (from the perspective of the post-colonialists).
Publisher: Routledge
ISBN: 1136704280
Category : History
Languages : en
Pages : 217
Book Description
This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers (Ratna Kapur, G. C. Spivak, Upendra Baxi; Slavoj Žižek, Jacques Rancière), while in the middle, an American intermezzo (Richard Rorty, Wendy Brown) functions as a genuine Derridian supplement: always already contaminating the purity of the two theoretical schools, preventing their enclosure and, hence, fuelling and complicating further their mutual confrontation. As in any authentic dialogue, the introduction and the conclusion each claim victory for one of the sides by changing the very terms and rules of the dialogue, picturing it as a confrontation between emancipatory universalism and inefficient particularism (from the perspective of the post-Althusserians), or as a split between hypocrisy and truth (from the perspective of the post-colonialists).
Rights
Author: Tom Campbell
Publisher: Routledge
ISBN: 1134461755
Category : Philosophy
Languages : en
Pages : 264
Book Description
We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin and variety of rights and standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. Rights: A Critical Introduction is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law.
Publisher: Routledge
ISBN: 1134461755
Category : Philosophy
Languages : en
Pages : 264
Book Description
We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin and variety of rights and standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. Rights: A Critical Introduction is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law.