Search Results for "philosophical-foundations-of-human-rights"

Philosophical Foundations of Human Rights

Philosophical Foundations of Human Rights

  • Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo
  • Publisher: Oxford University Press
  • ISBN: 019968863X
  • Category: Law
  • Page: 650
  • View: 4446
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Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Philosophical Foundations of Human Rights

Philosophical Foundations of Human Rights

  • Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo
  • Publisher: Oxford University Press
  • ISBN: 0199688621
  • Category: Law
  • Page: 650
  • View: 8443
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Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Philosophical Foundations of Human Rights

Philosophical Foundations of Human Rights

  • Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo
  • Publisher: OUP Oxford
  • ISBN: 0191002917
  • Category: Law
  • Page: 650
  • View: 6136
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What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.

The Philosophical Foundations of Environmental Law

The Philosophical Foundations of Environmental Law

Property, Rights and Nature

  • Author: Sean Coyle,Karen Morrow
  • Publisher: Hart Publishing
  • ISBN: 1841133590
  • Category: Law
  • Page: 228
  • View: 875
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Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.

Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law

  • Author: Gregory Klass,George Letsas,Prince Saprai
  • Publisher: Oxford University Press, USA
  • ISBN: 0198713010
  • Category: Law
  • Page: 391
  • View: 7368
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"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Philosophical Foundations of Labour Law

Philosophical Foundations of Labour Law

  • Author: Hugh Collins,Gillian Lester,Virginia Mantouvalou
  • Publisher: Philosophical Foundations of L
  • ISBN: 9780198825272
  • Category: Law
  • Page: 384
  • View: 4283
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The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Paradigms of International Human Rights Law

Paradigms of International Human Rights Law

  • Author: Aaron Xavier Fellmeth
  • Publisher: Oxford University Press
  • ISBN: 0190611278
  • Category: Human rights
  • Page: 312
  • View: 596
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Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other.

Philosophical Foundations of Discrimination Law

Philosophical Foundations of Discrimination Law

  • Author: Deborah Hellman,Sophia Moreau
  • Publisher: OUP Oxford
  • ISBN: 0191641294
  • Category: Law
  • Page: 320
  • View: 2797
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How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.

Philosophical foundations of human rights

Philosophical foundations of human rights

  • Author: Alwin Diemer,Unesco
  • Publisher: United Nations Educational
  • ISBN: N.A
  • Category: Political Science
  • Page: 340
  • View: 5647
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Philosophy of Human Rights

Philosophy of Human Rights

Readings in Context

  • Author: Patrick Hayden
  • Publisher: Paragon House
  • ISBN: N.A
  • Category: Philosophy
  • Page: 722
  • View: 8794
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The Philosophy of Human Rights brings together an extensive collection of classical and contemporary writings on the topic of human rights, including genocide, ethnic cleansing, minority cultures, gay and lesbian rights, and the environment, providing an exceptionally comprehensive introduction. Sources include authors such as Aristotle, Cicero, Thomas Aquinas, Confucius, Hobbes, Locke, rant. Marx, Gandhi. Hart, Feinberg, Nussbaum, the Dalai Lama, Derrida, Lyocard and Rorty. Ideal for courses in human rights, social theory, ethical theory, and political science, each reading; begins with a brief introduction, and is followed with study questions and suggested further readings.

The Meanings of Rights

The Meanings of Rights

The Philosophy and Social Theory of Human Rights

  • Author: Costas Douzinas,Conor Gearty
  • Publisher: Cambridge University Press
  • ISBN: 1107027853
  • Category: Philosophy
  • Page: 340
  • View: 2377
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Questioning some of the repetitive and narrow theoretical writings on rights, a group of leading intellectuals examine human rights from philosophical, theological, historical, literary and political perspectives.

The Philosophical Foundations of Modern Medicine

The Philosophical Foundations of Modern Medicine

  • Author: Keekok Lee
  • Publisher: Palgrave Macmillan
  • ISBN: 0230348297
  • Category: Medical
  • Page: 233
  • View: 672
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Acknowledgements -- Introduction -- PART I -- Philosophical Foundations -- Modern Philosophy, Modern Science and Its Methodology -- Category Volte-face: Organisms for Machines -- Machines and Reductionism -- Organism A Machine -- PART II -- Human Organism is Machine: MEDICINE -- Biomedicine: Some Sciences -- Biomedicine: Some Technologies -- PART III -- Nosology: The Monogenic Conception of Disease -- Linear Causality and the Monogenic Conception of Disease -- Determining the Cause: Controllability and Random Controlled Trials -- Epidemiology: 'Cinderella' Status? What Kind of Science Is It Really? -- Conclusion -- Notes -- References and Select Bibliography -- Index.

Handbook of Human Rights

Handbook of Human Rights

  • Author: Thomas Cushman
  • Publisher: Routledge
  • ISBN: 1134019076
  • Category: Philosophy
  • Page: 768
  • View: 686
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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.

Health, Rights and Dignity

Health, Rights and Dignity

Philosophical Reflections on an Alleged Human Right

  • Author: Christian Erk
  • Publisher: Walter de Gruyter
  • ISBN: 3110319713
  • Category: Philosophy
  • Page: 385
  • View: 2534
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The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation (health, rights, dignity), it shall conclude that such right cannot be upheld from a philosophical perspective.

Philosophical Foundations of the Nature of Law

Philosophical Foundations of the Nature of Law

  • Author: Wilfrid J. Waluchow,Stefan Sciaraffa
  • Publisher: Oxford University Press
  • ISBN: 0199675511
  • Category: Law
  • Page: 361
  • View: 7371
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Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

The Heart of Human Rights

The Heart of Human Rights

  • Author: Allen Buchanan
  • Publisher: Oxford University Press
  • ISBN: 0199325405
  • Category: Philosophy
  • Page: 208
  • View: 6153
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This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

The Moral Foundations of Social Institutions

The Moral Foundations of Social Institutions

A Philosophical Study

  • Author: Seumas Miller
  • Publisher: Cambridge University Press
  • ISBN: 0521767946
  • Category: Business & Economics
  • Page: 371
  • View: 4778
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Seumas Miller provides an exciting new philosophical theory of contemporary social institutions and the ethical challenges they confront.

Philosophical Foundations of European Union Law

Philosophical Foundations of European Union Law

  • Author: Julie Dickson,Pavlos Eleftheriadis
  • Publisher: OUP Oxford
  • ISBN: 0191652164
  • Category: Law
  • Page: 668
  • View: 9707
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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

The Right to Be Loved

The Right to Be Loved

  • Author: S. Matthew Liao
  • Publisher: Oxford University Press, USA
  • ISBN: 0190234830
  • Category: Children
  • Page: 272
  • View: 2226
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Many international declarations claim that children have a right to be loved, but some see this as empty rhetoric. S. Matthew Liao defends the existence of this right by offering a novel justification for it and by detailing the nature and distribution of the duty to love children.

Philosophical Foundations of Language in the Law

Philosophical Foundations of Language in the Law

  • Author: Andrei Marmor,Scott Soames
  • Publisher: Oxford University Press
  • ISBN: 0199572380
  • Category: Law
  • Page: 272
  • View: 6623
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This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.