Human Rights Culture And The Rule Of Law

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Human Rights, Culture and the Rule of Law

Author : Jessica Almqvist
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310044
Total Pages : 256 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Human Rights, Culture and the Rule of Law by : Jessica Almqvist

Download or read book Human Rights, Culture and the Rule of Law written by Jessica Almqvist and published by Bloomsbury Publishing. This book was released on 2005-09-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

The Human Rights Culture

Author : Lawrence Meir Friedman
Publisher : Quid Pro Books
ISBN 13 : 1610270738
Total Pages : 239 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis The Human Rights Culture by : Lawrence Meir Friedman

Download or read book The Human Rights Culture written by Lawrence Meir Friedman and published by Quid Pro Books. This book was released on 2011 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity--in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." -- Brian Z. Tamanaha, Professor of Law, Washington UniversityQuality ebook formatting from Quid Pro Books features active Contents, linked footnotes, linked textual cross-references, and active URLs in references. Professor Friedman's latest book joins Quid Pro's Contemporary Society Series.

International Law for Common Goods

Author : Federico Lenzerini
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254714
Total Pages : 489 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis International Law for Common Goods by : Federico Lenzerini

Download or read book International Law for Common Goods written by Federico Lenzerini and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

The Culture of Judicial Independence

Author : Shimon Shetreet
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004257810
Total Pages : 600 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet

Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2014-09-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.

Cultural Rights in International Law and Discourse

Author : Stephenson Chow
Publisher : BRILL
ISBN 13 : 9004328580
Total Pages : 302 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Cultural Rights in International Law and Discourse by : Stephenson Chow

Download or read book Cultural Rights in International Law and Discourse written by Stephenson Chow and published by BRILL. This book was released on 2018-02-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Legal Cultures and Human Rights

Author : Kirsten Hastrup
Publisher : BRILL
ISBN 13 : 9004480773
Total Pages : 207 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Legal Cultures and Human Rights by : Kirsten Hastrup

Download or read book Legal Cultures and Human Rights written by Kirsten Hastrup and published by BRILL. This book was released on 2021-08-04 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights. In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it. The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.

Law, Legal Culture and Politics in the Twenty First Century

Author : Günther Doeker-Mach
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515083171
Total Pages : 538 pages
Book Rating : 4.0/5 (831 download)

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Book Synopsis Law, Legal Culture and Politics in the Twenty First Century by : Günther Doeker-Mach

Download or read book Law, Legal Culture and Politics in the Twenty First Century written by Günther Doeker-Mach and published by Franz Steiner Verlag. This book was released on 2004 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .

Rescuing Human Rights

Author : Hurst Hannum
Publisher : Cambridge University Press
ISBN 13 : 1108417485
Total Pages : 245 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rescuing Human Rights by : Hurst Hannum

Download or read book Rescuing Human Rights written by Hurst Hannum and published by Cambridge University Press. This book was released on 2019-02-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on understanding human rights as they really are and their proper role in international affairs.

From Civil to Human Rights

Author : Helle Porsdam
Publisher : Edward Elgar Publishing
ISBN 13 : 1849802300
Total Pages : 241 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis From Civil to Human Rights by : Helle Porsdam

Download or read book From Civil to Human Rights written by Helle Porsdam and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

Human Rights in Africa

Author : Abdullahi Ahmed An-naim
Publisher : Brookings Institution Press
ISBN 13 : 9780815715634
Total Pages : 422 pages
Book Rating : 4.7/5 (156 download)

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Book Synopsis Human Rights in Africa by : Abdullahi Ahmed An-naim

Download or read book Human Rights in Africa written by Abdullahi Ahmed An-naim and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerful volume challenges the conventional view that the concept of human rights is peculiar to the West and, therefore, inherently alien to the non-Western traditions of third world countries. This book demonstrates that there is a contextual legitimacy for the concept of human rights. Virginia A. Leary and Jack Donnelly discuss the Western cultural origins of international human rights; David Little, Bassam Tibi, and Ann Elizabeth Mayer explore Christian and Islamic perspectives on human rights; Rhoda E. Howard, Claude E. Welch, Jr., and James C. N. Paul examine human rights in the context of the African nation-state; Kwasi Wiredu, James Silk, and Francis M. Deng offer African cultural perspectives; and Abdullahi Ahmed An-Na'im and Richard D. Schwartz discuss prospects for a cross-cultural approach to human rights.

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

Human Rights with Modesty: The Problem of Universalism

Author : András Sajó
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 as Politics and Idolatry

Author : Michael Ignatieff
Publisher : Princeton University Press
ISBN 13 : 1400842840
Total Pages : 216 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Human Rights as Politics and Idolatry by : Michael Ignatieff

Download or read book Human Rights as Politics and Idolatry written by Michael Ignatieff and published by Princeton University Press. This book was released on 2011-12-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens. Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe. Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.

Human Rights

Author : Adamantia Pollis
Publisher : Lynne Rienner Publishers
ISBN 13 : 9781555879792
Total Pages : 280 pages
Book Rating : 4.8/5 (797 download)

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Book Synopsis Human Rights by : Adamantia Pollis

Download or read book Human Rights written by Adamantia Pollis and published by Lynne Rienner Publishers. This book was released on 2000 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Human environmental rights, Barbara Rose Johnston

The Legalization of Human Rights

Author : Saladin Meckled-García
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.

The Chinese Road of the Rule of Law

Author : Lin Li
Publisher : Springer
ISBN 13 : 9811089655
Total Pages : 311 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis The Chinese Road of the Rule of Law by : Lin Li

Download or read book The Chinese Road of the Rule of Law written by Lin Li and published by Springer. This book was released on 2018-06-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

Human Rights for the 21st Century

Author : Helen M. Stacy
Publisher : Stanford University Press
ISBN 13 : 0804771022
Total Pages : 280 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Human Rights for the 21st Century by : Helen M. Stacy

Download or read book Human Rights for the 21st Century written by Helen M. Stacy and published by Stanford University Press. This book was released on 2009-02-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm. Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.