reconciling law and morality in human rights discourse beyond the habermasian account of human rights philosophy and politics critical explorations

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Reconciling Law And Morality In Human Rights Discourse

Author : Willy Moka-Mubelo
ISBN : 9783319494968
Genre : Philosophy
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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.

Humiliation Degradation Dehumanization

Author : Paulus Kaufmann
ISBN : 9048196612
Genre : Philosophy
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Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book’s European and American contributors – in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.

Human Rights Southern Voices

Author : William Twining
ISBN : 9780521113212
Genre : Law
File Size : 80. 35 MB
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This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

A Good Life

Author : Mary Edmunds
ISBN : 9781922144676
Genre : Social Science
File Size : 58. 3 MB
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This book is a story. It's a story about ordinary people in very different parts of the world dealing with rapid change in the late twentieth and early twenty-first centuries. It's about times of turbulent and violent social upheaval and rupture with the past. It's about modern times. It's also about being human; what it is to be human in a modernising and globalising world; how, in responding to the circumstances of their times, different groups define, redefine, and attempt to put into practice their understandings of the good and of what constitutes a good life. And it's about how human rights have come to be not abstract universal principles but a practical source of consciousness and practice for real people.

Real World Justice

Author : A. Follesdal
ISBN : 9781402031427
Genre : Law
File Size : 57. 72 MB
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1 2 Andreas Follesdal and Thomas Pogge 1 The Norwegian Centre for Human Rights at the Faculty of Law and ARENA Centre for 2 European Studies, University of Oslo; Philosophy, Columbia University, New York, and Oslo University; Centre for Applied Philosophy and Public Ethics, Australian National University, Canberra This volume discusses principles of global justice, their normative grounds, and the social institutions they require. Over the last few decades an increasing number of philosophers and political theorists have attended to these morally urgent, politically confounding and philosophically challenging topics. Many of these scholars came together September 11–13, 2003, for an international symposium where first versions of most of the present chapters were discussed. A few additional chapters were solicited to provide a broad and critical range of perspectives on these issues. The Oslo Symposium took Thomas Pogge’s recent work in this area as its starting point, in recognition of his long-standing academic contributions to this topic and of the seminars on moral and political philosophy he has taught since 1991 under the auspices of the Norwegian Research Council. Pogge’s opening remarks — “What is Global Justice?” — follow below, before brief synopses of the various contributions.

Habermas

Author : Stefan Müller-Doohm
ISBN : 9780745689104
Genre : Philosophy
File Size : 22. 85 MB
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‘Jürgen Habermas’, wrote the American philosopher Ronald Dworkin on the occasion of the great European thinker’s eightieth birthday, ‘is not only the world’s most famous living philosopher. Even his fame is famous.’ Now, after many years of intensive research and in-depth conversations with contemporaries, colleagues and Habermas himself, Stefan Müller-Doohm presents the first comprehensive biography of one of the most important public intellectuals of our time. From his political and philosophical awakening in West Germany to the formative relationships with Adorno and Horkheimer, Müller-Doohm masterfully traces the major forces that shaped Habermas’s intellectual development. He shows how Habermas’s life and work were conditioned by the possibilities offered to his generation in the unique circumstances of regained freedom that characterized postwar Germany. And yet Habermas’s career is fascinating precisely because it amounts to more than a corpus of scholarly work, however original and influential that may be. For here is someone who continually left the protective space of the university in order to assume the role of a participant in controversial public debates Ð from the significance of the Holocaust to the future of Europe Ð and in this way sought to influence the development of social and political life in an arena much broader than the academy. The significance and virtuosity of Habermas’s many writings over the years are also fully and expertly documented, ranging from his early work on the public sphere to his more recent writings on communicative action, cosmopolitanism and the postnational condition. What emerges from this biography is a vivid portrait of one of the great public intellectuals of our time Ð a unique thinker who has made an immense and lasting philosophical contribution but who, when he perceives that society is not living up to its potential for creating free and just conditions for all, becomes one of its most rigorous and persistent critics.

Sociological Abstracts

Author : Leo P. Chall
ISBN : STANFORD:36105114623411
Genre : Sociology
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CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.

Technicians Of Human Dignity

Author : Gaymon Bennett
ISBN : 9780823267774
Genre : Medical
File Size : 73. 28 MB
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Technicians of Human Dignity traces the extraordinary rise of human dignity as a defining concern of religious, political, and bioethical institutions over the last half century and offers original insight into how human dignity has become threatened by its own success. The global expansion of dignitarian politics has left dignity without a stable set of meanings or referents, unsettling contemporary economies of life and power. Engaging anthropology, theology, and bioethics, Bennett grapples with contemporary efforts to mobilize human dignity as a counter-response to the biopolitics of the human body, and the breakdowns this has generated. To do this, he investigates how actors in pivotal institutions --the Vatican, the United Nations, U.S. Federal Bioethics--reconceived human dignity as the bearer of intrinsic worth, only to become frustrated by the Sisyphean struggle of turning its conceptions into practice.

Law And Time

Author : Sian Beynon-Jones
ISBN : 9781351683746
Genre : Law
File Size : 74. 37 MB
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Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law’s diverse roles in maintaining linear historicist models of time; law’s participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the ‘time’ in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice.

Culture And Rights

Author : Jane K. Cowan
ISBN : 0521797357
Genre : Law
File Size : 47. 14 MB
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Part I: Setting universal rights

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