Human Rights with Modesty: The Problem of Universalism

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Publisher : Springer
ISBN 13 : 9401761728
Total Pages : 380 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Human Rights with Modesty: The Problem of Universalism by : András Sajó

Download or read book Human Rights with Modesty: The Problem of Universalism written by András Sajó and published by Springer. This book was released on 2013-12-11 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.

Human Rights with Modesty

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Publisher :
ISBN 13 : 9789401761734
Total Pages : 392 pages
Book Rating : 4.7/5 (617 download)

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Book Synopsis Human Rights with Modesty by : Andras Sajo

Download or read book Human Rights with Modesty written by Andras Sajo and published by . This book was released on 2014-09-01 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Human Rights

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Publisher : Quid Pro Books
ISBN 13 : 1610271599
Total Pages : 296 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis International Human Rights by : Alison Dundes Renteln

Download or read book International Human Rights written by Alison Dundes Renteln and published by Quid Pro Books. This book was released on 2013-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights: Universality and Diversity

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Author :
Publisher : BRILL
ISBN 13 : 9004481958
Total Pages : 592 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Human Rights: Universality and Diversity by : Eva Brems

Download or read book Human Rights: Universality and Diversity written by Eva Brems and published by BRILL. This book was released on 2021-10-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of Justice and Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 9780521003476
Total Pages : 228 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis The Politics of Justice and Human Rights by : Anthony J. Langlois

Download or read book The Politics of Justice and Human Rights written by Anthony J. Langlois and published by Cambridge University Press. This book was released on 2001-10-15 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Values Discourse

The Universalism of Human Rights

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Publisher : Springer Science & Business Media
ISBN 13 : 9400745109
Total Pages : 435 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Universalism of Human Rights by : Rainer Arnold

Download or read book The Universalism of Human Rights written by Rainer Arnold and published by Springer Science & Business Media. This book was released on 2012-08-21 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights in Thick and Thin Societies

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Publisher : Cambridge University Press
ISBN 13 : 1108471218
Total Pages : 271 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Rights in Thick and Thin Societies by : Seth D. Kaplan

Download or read book Human Rights in Thick and Thin Societies written by Seth D. Kaplan and published by Cambridge University Press. This book was released on 2018-08-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the idea of a flexible approach to the human rights movement that returns to basics in an increasingly diverse and multipolar world.

Human Rights on Common Grounds

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Publisher : BRILL
ISBN 13 : 9004479929
Total Pages : 243 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Human Rights on Common Grounds by : Kirsten Hastrup

Download or read book Human Rights on Common Grounds written by Kirsten Hastrup and published by BRILL. This book was released on 2021-10-18 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: The universality of human rights has been extensively discussed since their inception, and most often in terms of contrasting viewpoints of universalism versus relativism. The present volume seeks to get beyond the polarization and to ask instead in which sense human rights are universal. The point of departure is that human rights must be universal in some sense, or they are nothing. It is meaningless to talk of human rights if they are not applicable to all humans, unconditionally. From each of their vantage points the authors explore the notion of universality in a joint effort to maintain the fundamental aspiration of the human rights documents without sidestepping the question. The authors come from such diverse fields as law, history, philosophy and anthropology, and between them they contribute in complementary ways to the never-ending quest for universality, correlating with a view of all humans being equal in dignity and rights. They are also keenly aware that the human rights project is unfinished and must always be forcefully argued for.

Property, Power and Human Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 103531391X
Total Pages : 283 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Property, Power and Human Rights by : Laura Dehaibi

Download or read book Property, Power and Human Rights written by Laura Dehaibi and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through deconstructing the right to property, this incisive book critically assesses the claim that international human rights law is universal. Laura Dehaibi presents an innovative bottom-up and dialogical approach to human rights, lived universalism, that draws on lived experience in the margins to give rights a subversive and emancipatory meaning.

The Universalism of Human Rights

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Author :
Publisher : Springer
ISBN 13 : 9789400792838
Total Pages : 0 pages
Book Rating : 4.7/5 (928 download)

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Book Synopsis The Universalism of Human Rights by : Rainer Arnold

Download or read book The Universalism of Human Rights written by Rainer Arnold and published by Springer. This book was released on 2014-09-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Culturalization of Human Rights Law

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Publisher : OUP Oxford
ISBN 13 : 0191641324
Total Pages : 304 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Culturalization of Human Rights Law by : Federico Lenzerini

Download or read book The Culturalization of Human Rights Law written by Federico Lenzerini and published by OUP Oxford. This book was released on 2014-02-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights

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Publisher : Springer
ISBN 13 : 0333981839
Total Pages : 178 pages
Book Rating : 4.3/5 (339 download)

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Book Synopsis Human Rights by : P. Baehr

Download or read book Human Rights written by P. Baehr and published by Springer. This book was released on 2016-01-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are always a matter of law, but they are increasingly a matter of politics. Much lip-service is paid nowadays to the notion of human rights. At the same time they are being violated all over the world. Peter Baehr presents a succinct introduction to the key theoretical and practical issues that will serve as a useful primer for students and researchers.

Law, Politics and Rights

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004249001
Total Pages : 420 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Law, Politics and Rights by : Tiyanjana Maluwa

Download or read book Law, Politics and Rights written by Tiyanjana Maluwa and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Politics and Rights: Essays in Memory of Kader Asmal presents critical perspectives on various inter-related themes in the areas of human rights, constitutionalism, democracy, international law, political and cultural rights and identity. The discussions reflect the wide-ranging interests and subjects that Kader Asmal engaged with as a legal scholar, human rights campaigner and politician of international renown throughout his life. Kader Asmal is perhaps best known for his political career as one of the most senior members of the African National Congress and a government minister in post-apartheid South Africa. Less well known to the general public is his equally immense contribution to international human rights law and policy, recognised with the award of the Prix UNESCO in 1983, through more than three decades of an international academic career and legal activism. This book is a reminder of the enduring relevance of the issues and causes he espoused and advocated. Contributors include: John Dugard, Richard Harvey, Federico Lenzerini, Tiyanjana Maluwa, Obiora Chinedu Okafor, Nsongurua Udombana, Muna Ndulo, Albie Sachs, Max du Plessis, Nico Steytler, Gerard Whyte, and Abdulqawi Yusuf.

International Human Rights

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Publisher : Oxford University Press, USA
ISBN 13 : 0199578729
Total Pages : 1622 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis International Human Rights by : Philip Alston

Download or read book International Human Rights written by Philip Alston and published by Oxford University Press, USA. This book was released on 2013 with total page 1622 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The successor to International human rights in context: law, politics and morals."

Culture and Human Rights: The Wroclaw Commentaries

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110432250
Total Pages : 357 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Culture and Human Rights: The Wroclaw Commentaries by : Andreas J. Wiesand

Download or read book Culture and Human Rights: The Wroclaw Commentaries written by Andreas J. Wiesand and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-11-07 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.

The Rule of Law at the National and International Levels

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782256164
Total Pages : 496 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Rule of Law at the National and International Levels by : Machiko Kanetake

Download or read book The Rule of Law at the National and International Levels written by Machiko Kanetake and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

Human Rights

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Publisher : OUP Oxford
ISBN 13 : 0191506680
Total Pages : 512 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Human Rights by : Christian Tomuschat

Download or read book Human Rights written by Christian Tomuschat and published by OUP Oxford. This book was released on 2014-09-25 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.