Individual Versus Collective Rights

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Cultural Rights as Collective Rights

Author : Andrzej Jakubowski
Publisher : BRILL
ISBN 13 : 9004312021
Total Pages : 400 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Cultural Rights as Collective Rights by : Andrzej Jakubowski

Download or read book Cultural Rights as Collective Rights written by Andrzej Jakubowski and published by BRILL. This book was released on 2016-07-11 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.

Collective Identity, Oppression, and the Right to Self-ascription

Author : Andrew J. Pierce
Publisher : Lexington Books
ISBN 13 : 0739171909
Total Pages : 144 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Collective Identity, Oppression, and the Right to Self-ascription by : Andrew J. Pierce

Download or read book Collective Identity, Oppression, and the Right to Self-ascription written by Andrew J. Pierce and published by Lexington Books. This book was released on 2012 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Identity, Oppression, and the Right to Self-Ascription argues that groups have an irreducibly collective right to determine the meaning of their shared group identity, and that such a right is especially important for historically oppressed groups. The author specifies this right by way of a modified discourse ethic, demonstrating that it can provide the foundation for a conception of identity politics that avoids many of its usual pitfalls. The focus throughout is on racial identity, which provides a test case for the theory. That is, it investigates what it would mean for racial identities to be self-ascribed rather than imposed, establishing the possible role racial identity might play in a just society. The book thus makes a unique contribution to both the field of critical theory, which has been woefully silent on issues of race, and to race theory, which often either presumes that a just society would be a raceless society, or focuses primarily on understanding existing racial inequalities, in the manner typical of so-called "non-ideal theory."

Handbook of Human Rights

Author : Thomas Cushman
Publisher : Routledge
ISBN 13 : 1134019076
Total Pages : 1097 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Handbook of Human Rights by : Thomas Cushman

Download or read book Handbook of Human Rights written by Thomas Cushman and published by Routledge. This book was released on 2012-02-20 with total page 1097 pages. Available in PDF, EPUB and Kindle. Book excerpt: In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights not only provides a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises over sixty individual contributions from key figures around the world, which are grouped according to eight key areas of discussion: foundations and critiques; new frameworks for understanding human rights; world religious traditions and human rights; social, economic, group, and collective rights; critical perspectives on human rights organizations, institutions, and practices; law and human rights; narrative and aesthetic dimension of rights; geographies of rights. In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights.

Collective Rights

Author : Miodrag A. Jovanović
Publisher : Cambridge University Press
ISBN 13 : 1107007380
Total Pages : 239 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Collective Rights by : Miodrag A. Jovanović

Download or read book Collective Rights written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2012-01-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.

Group Rights as Human Rights

Author : Neus Torbisco Casals
Publisher : Springer Science & Business Media
ISBN 13 : 1402042094
Total Pages : 278 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Group Rights as Human Rights by : Neus Torbisco Casals

Download or read book Group Rights as Human Rights written by Neus Torbisco Casals and published by Springer Science & Business Media. This book was released on 2006-06-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.

The Universal Declaration of Human Rights

Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (467 download)

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Book Synopsis The Universal Declaration of Human Rights by :

Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Action and the Civil Rights Movement

Author : Dennis Chong
Publisher : University of Chicago Press
ISBN 13 : 0226104419
Total Pages : 276 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Collective Action and the Civil Rights Movement by : Dennis Chong

Download or read book Collective Action and the Civil Rights Movement written by Dennis Chong and published by University of Chicago Press. This book was released on 1991-06-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Action and the Civil Rights Movement is a theoretical study of the dynamics of public-spirited collective action as well as a substantial study of the American civil rights movement and the local and national politics that surrounded it. In this major historical application of rational choice theory to a social movement, Dennis Chong reexamines the problem of organizing collective action by focusing on the social, psychological, and moral incentives of political activism that are often neglected by rational choice theorists. Using game theoretic concepts as well as dynamic models, he explores how rational individuals decide to participate in social movements and how these individual decisions translate into collective outcomes. In addition to applying formal modeling to the puzzling and important social phenomenon of collective action, he offers persuasive insights into the political and psychological dynamics that provoke and sustain public activism. This remarkably accessible study demonstrates how the civil rights movement succeeded against difficult odds by mobilizing community resources, resisting powerful opposition, and winning concessions from the government.

Collective Management of Copyright and Related Rights

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280534653
Total Pages : 252 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Collective Management of Copyright and Related Rights by : World Intellectual Property Organization

Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.

A Liberal Theory of Collective Rights

Author : Michel Seymour
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773552499
Total Pages : pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis A Liberal Theory of Collective Rights by : Michel Seymour

Download or read book A Liberal Theory of Collective Rights written by Michel Seymour and published by McGill-Queen's Press - MQUP. This book was released on 2017-11-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?

How Constitutional Rights Matter

Author : Adam Chilton
Publisher : Oxford University Press, USA
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Communities and Law

Author : Gad Barzilai
Publisher : University of Michigan Press
ISBN 13 : 0472024000
Total Pages : 381 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Communities and Law by : Gad Barzilai

Download or read book Communities and Law written by Gad Barzilai and published by University of Michigan Press. This book was released on 2010-02-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.

Taking Suffering Seriously

Author : William F. Felice
Publisher : SUNY Press
ISBN 13 : 9780791430620
Total Pages : 272 pages
Book Rating : 4.4/5 (36 download)

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Book Synopsis Taking Suffering Seriously by : William F. Felice

Download or read book Taking Suffering Seriously written by William F. Felice and published by SUNY Press. This book was released on 1996-08-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the evolution of collective human rights in international relations and argues that the concept of human rights must integrate group rights based on race/ethnicity, gender, class, and sexuality.

Community and Collective Rights

Author : Dwight Newman
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317782
Total Pages : 260 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Community and Collective Rights by : Dwight Newman

Download or read book Community and Collective Rights written by Dwight Newman and published by Bloomsbury Publishing. This book was released on 2011-07-13 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.

Is Multiculturalism Bad for Women?

Author : Susan Moller Okin
Publisher : Princeton University Press
ISBN 13 : 1400840996
Total Pages : 153 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Is Multiculturalism Bad for Women? by : Susan Moller Okin

Download or read book Is Multiculturalism Bad for Women? written by Susan Moller Okin and published by Princeton University Press. This book was released on 1999-08-09 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism--and certain minority group rights in particular--make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to gender equity and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world's leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate. Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government's giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives' own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened. In reply, some respondents reject Okin's position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin's focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays--expanded from their original publication in Boston Review and including four new contributions--are indispensable reading for anyone interested in one of the most contentious social and political issues today. The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na'im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir.

The Encyclopedia of Libertarianism

Author : Ronald Hamowy
Publisher : SAGE
ISBN 13 : 1412965802
Total Pages : 665 pages
Book Rating : 4.4/5 (129 download)

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Book Synopsis The Encyclopedia of Libertarianism by : Ronald Hamowy

Download or read book The Encyclopedia of Libertarianism written by Ronald Hamowy and published by SAGE. This book was released on 2008-08-15 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an introduction to and compendium of libertarian scholarship via a series of brief articles on the historical, sociological, and economic aspects of libertarianism within the broader context.

Universal Human Rights in Theory and Practice

Author : Jack Donnelly
Publisher : Cornell University Press
ISBN 13 : 9780801487767
Total Pages : 308 pages
Book Rating : 4.4/5 (877 download)

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Book Synopsis Universal Human Rights in Theory and Practice by : Jack Donnelly

Download or read book Universal Human Rights in Theory and Practice written by Jack Donnelly and published by Cornell University Press. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: (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

Multiculturalism and Moral Conflict

Author : Maria Dimova-Cookson
Publisher : Routledge
ISBN 13 : 113526189X
Total Pages : 206 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Multiculturalism and Moral Conflict by : Maria Dimova-Cookson

Download or read book Multiculturalism and Moral Conflict written by Maria Dimova-Cookson and published by Routledge. This book was released on 2009-10-16 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading scholars on multiculturalism, this book confronts the reality of moral conflict in the debate on multiculturalism while resisting the simplification which frequently accompanies commentary on both sides of a polarised debate.