Reconciling Law And Morality In Human Rights Discourse

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Reconciling Law and Morality in Human Rights Discourse

Author : Willy Moka-Mubelo
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.

Human Rights as Ethics, Politics, and Law

Author : Elena Namli
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.

Intersectionality and Human Rights Law

Author : Shreya Atrey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935312
Total Pages : 208 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Intersectionality and Human Rights Law by : Shreya Atrey

Download or read book Intersectionality and Human Rights Law written by Shreya Atrey and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.

Human Rights and Economic Policy Reform

Author : Aoife Nolan
Publisher : Routledge
ISBN 13 : 1000454061
Total Pages : 211 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Human Rights and Economic Policy Reform by : Aoife Nolan

Download or read book Human Rights and Economic Policy Reform written by Aoife Nolan and published by Routledge. This book was released on 2021-09-22 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the complex and challenging relationship between economic policy and human rights. In the context of the COVID-19 pandemic crisis, the need to address the conceptual and methodological (dis)connects between these two areas is more pressing than ever. Inspired by the 2019 United Nations Guiding Principles on Human Rights Impact Assessments (HRIA) for Economic Reform Policies, this book brings together experts working on human rights and economic policy from a range of disciplinary perspectives, including economics, law, and development studies. The contributions reflect a huge body of professional experience in the academic, policy-making, advocacy, and practitioner fields. They cover issues including the politics of evidence in the context of HRIA, economic inequality, child rights impact assessment of economic reforms, economic policy and women’s human rights, tax regimes for multinational corporations and human rights, as well as the human rights impacts of the economic fall-out of the COVID-19 pandemic. The collection also includes the text of the Guiding Principles themselves. It constitutes a crucial volume for scholars, policymakers, advocates and others working on the burning topic of human rights and economic policy reform. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Governance of Emerging Space Challenges

Author : Nikola Schmidt
Publisher : Springer Nature
ISBN 13 : 303086555X
Total Pages : 260 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Governance of Emerging Space Challenges by : Nikola Schmidt

Download or read book Governance of Emerging Space Challenges written by Nikola Schmidt and published by Springer Nature. This book was released on 2022-04-22 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume discusses how even small nation states can make a significant difference in the future of space governance. The book is divided into three main sections covering political theory, case studies, and space technology and applications. Key topics of discussion include planetary defense, space mining, and high-power systems in space. Through these timely subjects, the book presents strategies for developing a truly global governance framework in space, based on the concept of a responsible cosmopolitan state. Authored by a multidisciplinary group of researchers from the Czech Republic, the volume will appeal to other scientific teams and policymakers looking to become pioneers of cosmopolitan space policies at a national and global level.

World Crisis and Underdevelopment

Author : David Ingram
Publisher : Cambridge University Press
ISBN 13 : 1108389902
Total Pages : 398 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis World Crisis and Underdevelopment by : David Ingram

Download or read book World Crisis and Underdevelopment written by David Ingram and published by Cambridge University Press. This book was released on 2018-01-18 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

The Humble Cosmopolitan

Author : Luis Cabrera
Publisher : Oxford University Press, USA
ISBN 13 : 019086950X
Total Pages : 361 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Humble Cosmopolitan by : Luis Cabrera

Download or read book The Humble Cosmopolitan written by Luis Cabrera and published by Oxford University Press, USA. This book was released on 2020 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cosmopolitanism is said by many critics to be arrogant. In emphasizing universal principles and granting no fundamental moral significance to national or other group belonging, it wrongly treats those making non-universalist claims as not authorized to speak, while treating those in non-Western societies as not qualified. This book works to address such objections. It does so in part by engaging the work of B.R. Ambedkar, architect of India's 1950 Constitution and revered champion of the country's Dalits (formerly "untouchables"). Ambedkar cited universal principles of equality and rights in confronting domestic exclusions and the "arrogance" of caste. He sought to advance forms of political humility, or the affirmation of equal standing within political institutions and openness to input and challenge within them. This book examines how an "institutional global citizenship" approach to cosmopolitanism could similarly advance political humility, in supporting the development of input and challenge mechanisms beyond the state. It employs a grounded normative theory method, taking insights for the model from field research among Dalit activists pressing for domestic reforms through the UN human rights regime, and from their critics in the Hindu nationalist Bharatiya Janata Party. Insights also are taken from Turkish protesters challenging a rising domestic authoritarianism, and from UK Independence Party members demanding "Brexit" from the European Union-in part because of possibilities that predominantly Muslim Turkey will join. Overall, it is shown, an appropriately configured institutional cosmopolitanism should orient fundamentally to political humility rather than arrogance, while holding significant potential for advancing global rights protections and more equitable rights specifications"--

World Politics

Author : Jeffrey Haynes
Publisher : SAGE
ISBN 13 : 1529613833
Total Pages : 772 pages
Book Rating : 4.5/5 (296 download)

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Book Synopsis World Politics by : Jeffrey Haynes

Download or read book World Politics written by Jeffrey Haynes and published by SAGE. This book was released on 2023-04-05 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we better resolve issues like climate change or global pandemics? When is resolution of armed conflict achievable? What impact does culture, religion or identity have on world events? Today’s world politics is complex, contested and changing fast. Sovereign states, big data, international institutions, world leaders, large companies, and citizens all have vested interests in the most momentous issues facing us. Whether it’s economic crisis, global health, nuclear deterrence or war, this text is the ideal guide to understanding the most critical issues of today, and the competing ways to interpret them. Extensively revised, the third edition takes you through the key events and changes in world politics from the 1500s, showing how historical events and developments are essential for understanding world politics today. Packed with examples from around the world, the book introduces the reader to different theories, concepts, issues, and actors in world politics.Covering all the essential topics, from international law and political economy to critical theory and security studies, this new edition includes: - 3 brand new chapters on Foreign Policy Analysis, Race and Identity, and Global Health - Fully revised historical chapters for a comprehensive historical perspective - An expanded range of topics, cases, and cutting-edge research to fully reflect the latest empirical and theoretical developments Its unparalleled breadth and clarity make it the perfect introductory text for all undergraduate students of International Relations and Global Politics. Jeffrey Haynes is an emeritus professor of politics at London Metropolitan University. Peter Hough is an Associate Professor in International Politics at Middlesex University, London. Bruce Pilbeam is a Senior Lecturer in Politics and International Relations at London Metropolitan University.

Law, Solidarity and the Limits of Social Europe

Author : Hartzén, Ann-Christine
Publisher : Edward Elgar Publishing
ISBN 13 : 1800885512
Total Pages : 240 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Law, Solidarity and the Limits of Social Europe by : Hartzén, Ann-Christine

Download or read book Law, Solidarity and the Limits of Social Europe written by Hartzén, Ann-Christine and published by Edward Elgar Publishing. This book was released on 2022-02-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.

Moral and Political Conceptions of Human Rights

Author : Reidar Maliks
Publisher : Cambridge University Press
ISBN 13 : 1107153972
Total Pages : 317 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Moral and Political Conceptions of Human Rights by : Reidar Maliks

Download or read book Moral and Political Conceptions of Human Rights written by Reidar Maliks and published by Cambridge University Press. This book was released on 2017-07-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.

Reframing the Intercultural Dialogue on Human Rights

Author : Jeffrey Flynn
Publisher : Routledge
ISBN 13 : 1134522150
Total Pages : 224 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Reframing the Intercultural Dialogue on Human Rights by : Jeffrey Flynn

Download or read book Reframing the Intercultural Dialogue on Human Rights written by Jeffrey Flynn and published by Routledge. This book was released on 2013-11-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Flynn stresses the vital role of intercultural dialogue in developing a non-ethnocentric conception of human rights. He argues that Jürgen Habermas’s discourse theory provides both the best framework for such dialogue and a much-needed middle path between philosophical approaches that derive human rights from a single foundational source and those that support multiple foundations for human rights (Charles Taylor, John Rawls, and various Rawlsians). By analyzing the historical and political context for debates over the compatibility of human rights with Christianity, Islam, and "Asian Values," Flynn develops a philosophical approach that is continuous with and a critical reflection on the intercultural dialogue on human rights. He reframes the dialogue by situating it in relation to the globalization of modern institutions and by arguing that such dialogue must address issues like the legacy of colonialism and global inequality while also being attuned to actual political struggles for human rights.

The Self, Ethics & Human Rights

Author : Joseph Indaimo
Publisher : Routledge
ISBN 13 : 1317805852
Total Pages : 314 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis The Self, Ethics & Human Rights by : Joseph Indaimo

Download or read book The Self, Ethics & Human Rights written by Joseph Indaimo and published by Routledge. This book was released on 2015-02-11 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the notion of human identity informs the ethical goal of justice in human rights. Within the modern discourse of human rights, the issue of identity has been largely neglected. However, within this discourse lies a conceptualisation of identity that was derived from a particular liberal philosophy about the ‘true nature’ of the isolated, self-determining and rational individual. Rights are thus conceived as something that are owned by each independent self, and that guarantee the exercise of its autonomy. Critically engaging this subject of rights, this book considers how recent shifts in the concept of identity and, more specifically, the critical humanist notion of ‘the other’, provides a basis for re-imagining the foundation of contemporary human rights. Drawing on the work of Jacques Lacan and Emmanuel Levinas, an inter-subjectivity between self and other ‘always already’ marks human identity with an ethical openness. And, this book argues, it is in the shift away from the human self as a ‘sovereign individual’ that human rights have come to reflect a self-identity that is grounded in the potential of an irreducible concern for the other.

Citizenship and Human Rights

Author : Christian H Kälin
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950265
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Citizenship and Human Rights by : Christian H Kälin

Download or read book Citizenship and Human Rights written by Christian H Kälin and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can universal human rights and different national citizenship regimes ever be compatible? This book argues that they can't, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that a much needed transformation of human rights and citizenship can be undertaken in a meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers, as well as others involved in human rights law at NGOs, governments, international organisations and indeed anyone with an interest in the subject of how human rights evolved and new concepts for the future.

The Utopian Human Right to Science and Culture

Author : Dr Anna Maria Nawrot
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472418328
Total Pages : 233 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis The Utopian Human Right to Science and Culture by : Dr Anna Maria Nawrot

Download or read book The Utopian Human Right to Science and Culture written by Dr Anna Maria Nawrot and published by Ashgate Publishing, Ltd.. This book was released on 2014-04-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity, based on the assumption of ‘thinking in terms of excendence’. The book offers a new way of thinking about access to knowledge in the postanalogue, postmodern society, and is inspired by twentieth-century critical theorists such as Levinas, Gadamer, Bauman and Habermas.

Law as Religion, Religion as Law

Author : David C. Flatto
Publisher : Cambridge University Press
ISBN 13 : 1108787983
Total Pages : 403 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Law as Religion, Religion as Law by : David C. Flatto

Download or read book Law as Religion, Religion as Law written by David C. Flatto and published by Cambridge University Press. This book was released on 2022-08-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

Contingency in International Law

Author : Ingo Venzke
Publisher : Oxford University Press
ISBN 13 : 0192898035
Total Pages : 577 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Contingency in International Law by : Ingo Venzke

Download or read book Contingency in International Law written by Ingo Venzke and published by Oxford University Press. This book was released on 2021 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.

Reconciliation and Reification

Author : Todd Hedrick
Publisher : Oxford University Press, USA
ISBN 13 : 0190634022
Total Pages : 297 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Reconciliation and Reification by : Todd Hedrick

Download or read book Reconciliation and Reification written by Todd Hedrick and published by Oxford University Press, USA. This book was released on 2019 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The critical theory tradition has, since its inception, sought to distinguish its perspective on society by maintaining that persons have a deep-seated interest in the free development of their personality--an interest that can only be realized in and through the rational organization of society, but which is systematically stymied by existing society. And yet tradition has struggled to specify this emancipatory interest in a way that is neither excessively utopian nor accommodating to existing society. Despite the fact that Hegel's concept of reconciliation is normally thought to run aground on the latter horn of this dilemma, this book argues that reconciliation is the best available conceptualization of emancipatory interest. Todd Hedrick presents Hegel's idea of freedom as something actualized in individuals' lives through their reconciliation with how society shapes their roles, prospects, and sense of self; it presents reconciliation as less a matter of philosophical cognition, and more of inclusion in a responsive, transparent political process. Hedrick further introduces the concept of reification, which--through its development in Marx and Luk�cs, through Horkheimer and Adorno--substantiates an increasingly cogent critique of reconciliation as something unachievable within the framework of modern society, as social forces that shape our identities and life prospects come to appear natural, as part of the way things just are. Giving equal weight to psychoanalysis and legal theory, this work critically appraises the writings of Rawls, Honneth, and Habermas as efforts to spell out a reconciliation more democratic and inclusive than Hegel's, yet still sensitive to the reifying effects of legal systems that have become autonomous and anonymous.