Human Rights as Ethics, Politics, and Law

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Publisher :
ISBN 13 : 9789155489779
Total Pages : 225 pages
Book Rating : 4.4/5 (897 download)

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Book Synopsis Human Rights as Ethics, Politics, and Law by : Elena Namli

Download or read book Human Rights as Ethics, Politics, and Law written by Elena Namli and published by . This book was released on 2014 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study offers a critical approach to the connections between the law, politics, and morality as they figure in human rights discourse. It argues that human rights must be understood -- ethically, politically, and legally -- through the prism of reasonable skepticism towards the legitimacy of contemporary institutions for the protection of human rights. The colonial legacy of human rights, the lack of transparent principles for dealing with conflicting rights, and the counterproductive overemphasis upon the importance of legal instruments are considered as offering serious challenges to the lasting legitimacy of human rights. These challenges are analyzed by means of selected human rights-related cases as well as theoretical discussion. --publisher description.

Ethics of Human Rights

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Publisher : Springer Science & Business Media
ISBN 13 : 3319035665
Total Pages : 540 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Ethics of Human Rights by : A. Reis Monteiro

Download or read book Ethics of Human Rights written by A. Reis Monteiro and published by Springer Science & Business Media. This book was released on 2014-03-11 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the ethical significance of human rights, aiming at contributing to a universal culture of human rights with deep roots and wide horizons. Its purpose, scope and rationale are reflected in the three-part structure of the manuscript. Part I has a broad introductory historical, theoretical and legal character. Part II submits that an Ethics of Human Rights is best understood as an Ethics of Recognition of human worth, dignity and rights. Moreover, it is argued that human worth consists in the perfectibility of the human species, rooted in its semiotic nature, to be accomplished through the perfecting of human beings, for which the right to education is key. In Part III, the main legal and political outcomes of the Human Rights Revolution are described and answers to the most lasting and common criticisms of human rights are provided. To conclude, the human stature of the Big Five drafters of the Universal Declaration of Human Rights is profiled and the priority that should be recognized to human rights education is highlighted. Some appendices supplement the manuscript. While making a case for the high value and liberating power of the idea and ideal of human rights, objections, controversies and uncertainties are not at all overlooked and emerging issues are explored. The diversity of content of this volume meets many needs of the typical syllabus for a human rights course.

Human Rights Ethics

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Publisher : Purdue University Press
ISBN 13 : 9781557534804
Total Pages : 312 pages
Book Rating : 4.5/5 (348 download)

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Book Synopsis Human Rights Ethics by : Clark Butler

Download or read book Human Rights Ethics written by Clark Butler and published by Purdue University Press. This book was released on 2008 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Ethics makes an important contribution to contemporary philosophical and political debates concerning the advancement of global justice and human rights. Butler's book also lays claim to a significant place in both normative ethics and human rights studies in as much as it seeks to vindicate a universalistic, rational approach to human rights ethics. Butler's innovative approach is not based on murky claims to "natural rights" that supposedly hold wherever human beings exist; nor does it succumb to the traditional problems of justification associated with utilitarianism, Kantianism, and other procedural approaches to human rights studies. Instead, Butler proposes "a dialectical justification of human rights by indirect proof" that claims not to be question begging. Very much in the spirit of Hegel and Habermas, Butler proposes to vindicate a "totally rational account of human rights," but one that depends concretely and historically on a dialectically constructed "right to freedom of thought in its universal modes."

Environmental Human Rights

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Publisher : Routledge
ISBN 13 : 135175839X
Total Pages : 242 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Environmental Human Rights by : Jan Hancock

Download or read book Environmental Human Rights written by Jan Hancock and published by Routledge. This book was released on 2019-07-12 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. Environmental Human Rights redefines the political, ethical and legal relationships between the environment and human rights to claim the human rights to an environment free from toxic pollution and to natural resources. Through a focus on the operational dynamics of social power, this compelling book details how global capitalism subjugates concerns of human security and environmental protection to the values of allocative efficiency and economic growth. The capacity of social power to construct ethical norms and to determine the efficacy of law is examined to explain how ethical and legal concepts have been selectively applied to accommodate existing patterns of production, consumption and exchange that cause environmental degradation and human rights violations. By looking at how environmental values have been systematically excluded from the human rights discourse, the book claims that human rights politics and law has been constructed on double standards to accommodate the destructive forces of capitalism.

Mind and Rights

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Publisher : Cambridge University Press
ISBN 13 : 1316877566
Total Pages : 515 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Mind and Rights by : Matthias Mahlmann

Download or read book Mind and Rights written by Matthias Mahlmann and published by Cambridge University Press. This book was released on 2023-02-16 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

The Changing Ethos of Human Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839108436
Total Pages : 168 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The Changing Ethos of Human Rights by : Hoda Mahmoudi

Download or read book The Changing Ethos of Human Rights written by Hoda Mahmoudi and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utilizing the ethos of human rights, this insightful book captures the development of the moral imagination of these rights through history, culture, politics, and society. Moving beyond the focus on legal protections, it draws attention to the foundation and understanding of rights from theoretical, philosophical, political, psychological, and spiritual perspectives.

Human Rights: Moral or Political?

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Publisher : Oxford University Press
ISBN 13 : 019253808X
Total Pages : 519 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Human Rights: Moral or Political? by : Adam Etinson

Download or read book Human Rights: Moral or Political? written by Adam Etinson and published by Oxford University Press. This book was released on 2018-03-09 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are "Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty. This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rights to their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of human rights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights. All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.

International Human Rights in Context

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 1368 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Human Rights in Context by : Henry J. Steiner

Download or read book International Human Rights in Context written by Henry J. Steiner and published by Oxford University Press, USA. This book was released on 1996 with total page 1368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major work offers a range of new cases and materials which help to explain the law of human rights in a broad context.

Philosophical Foundations of Human Rights

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Publisher : OUP Oxford
ISBN 13 : 0191002917
Total Pages : 650 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of Human Rights by : Rowan Cruft

Download or read book Philosophical Foundations of Human Rights written by Rowan Cruft and published by OUP Oxford. This book was released on 2015-04-30 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.

Human Rights and Sustainability

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Publisher : Routledge
ISBN 13 : 1317351762
Total Pages : 256 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Human Rights and Sustainability by : Gerhard Bos

Download or read book Human Rights and Sustainability written by Gerhard Bos and published by Routledge. This book was released on 2016-02-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of human rights suggests that individuals should be empowered in their natural, political, political, social and economic vulnerabilities. States within the international arena hold each other responsible for doing just that and support or interfere where necessary. States are to protect these essential human vulnerabilities, even when this is not a matter of self-interest. This function of human rights is recognized in contexts of intervention, genocide, humanitarian aid and development. This book develops the idea of environmental obligations as long-term responsibilities in the context of human rights. It proposes that human rights require recognition that, in the face of unsustainable conduct, future human persons are exposed and vulnerable. It explores the obstacles for long-term responsibilities that human rights law provides at the level of international and national law and challenges the question of whether lifestyle restrictions are enforceable in view of liberties and levels of wellbeing typically seen as protected by human rights. The book will be of interest to postgraduates studying Human Rights, Sustainability, Law and Philosophy.

The Right to Life and the Value of Life

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Publisher : Routledge
ISBN 13 : 1317017749
Total Pages : 464 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Right to Life and the Value of Life by : Jon Yorke

Download or read book The Right to Life and the Value of Life written by Jon Yorke and published by Routledge. This book was released on 2016-03-03 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.

Reconciling Law and Morality in Human Rights Discourse

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Publisher : Springer
ISBN 13 : 3319494961
Total Pages : 205 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Reconciling Law and Morality in Human Rights Discourse by : Willy Moka-Mubelo

Download or read book Reconciling Law and Morality in Human Rights Discourse written by Willy Moka-Mubelo and published by Springer. This book was released on 2016-12-13 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justifying Ethics

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Publisher : Routledge
ISBN 13 : 1351510339
Total Pages : 133 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Justifying Ethics by : Jan Gorecki

Download or read book Justifying Ethics written by Jan Gorecki and published by Routledge. This book was released on 2017-12-02 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Human rights include individual rights against government oppression, such as the right to freedom of thought, religion, speech, assembly, and to a fair system of criminal justice. But even in this basic political sense, ""human rights"" means different things in different historical and cultural contexts and advocacy of such rights has frequently been viewed as subjective. Justifying Ethics offers a thorough critique of the most common attempts to formulate objective standards through appeals to human nature, religion, and reason. Gorecki opens his inquiry by considering the role of norm-making concepts in the history of ethical thought: how standards of rights were claimed to conform to human nature and reason or have been stipulated by an external authoritative source such as God or social contracts. He then shows how such justifications may be discounted on analytical or practical grounds using such examples as divine will, Kantian reason, and the truth value of moral judgments. With respect to empirically grounded appeals to human nature, Gorecki argues against the notion that the innate plasticity of human behavior and potential for social diversity is sufficient grounds for human rights activity without objective justification. The search for justification remains essential in enhancing the persuasiveness of ethical action that aims at the moral ""contagion"" of the people by the human rights experience and the transition from moral acceptance to legal implementation.Broad in intellectual scope, Justifying Ethics draws upon moral and political philosophy, social policy, psychology, history, jurisprudence, and international law to clarify the prerequisites for the success of human rights activity. The book will be of special interest to political theorists, philosophers, sociologists, and human rights activists."

On Human Rights

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Publisher : OUP Oxford
ISBN 13 : 0191623415
Total Pages : 360 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis On Human Rights by : James Griffin

Download or read book On Human Rights written by James Griffin and published by OUP Oxford. This book was released on 2009-08-27 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

Research Handbook on the Politics of Human Rights Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781789908824
Total Pages : 0 pages
Book Rating : 4.9/5 (88 download)

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Book Synopsis Research Handbook on the Politics of Human Rights Law by : Bård A. Andreassen

Download or read book Research Handbook on the Politics of Human Rights Law written by Bård A. Andreassen and published by Edward Elgar Publishing. This book was released on 2023-04-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe, and the Middle East, and how the state works in ways which respect the ethics and values of human rights law. Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.

The Legalization of Human Rights

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Publisher : Routledge
ISBN 13 : 1134234546
Total Pages : 224 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis The Legalization of Human Rights by : Saladin Meckled-García

Download or read book The Legalization of Human Rights written by Saladin Meckled-García and published by Routledge. This book was released on 2006-01-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reconstructing Human Rights

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Publisher : Oxford University Press
ISBN 13 : 0191085553
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Reconstructing Human Rights by : Joe Hoover

Download or read book Reconstructing Human Rights written by Joe Hoover and published by Oxford University Press. This book was released on 2016-05-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology.