Full Description
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period.
Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Contents
Preface to the New Edition & Debts of Gratitude
Dedications from the Original Edition
Preface to the Original Edition
About the Author
Tributes
Tributes to McDougal
Higgins
Reisman
Tribute to Lasswell
McDougal
Introduction to the New Edition
Part I. Delimitation of the Problem
1. Human Rights in Comprehensive Context
2. The Social Setting of Human Rights: The Process of Deprivation and Nonfulfillment of Values
3. Claims Made to Authority for the Protection of Human Rights
4. The Global Constitutive Process of Authoritative Decision
Part II. The Clarification of General Community Policies
5. The Basic Policies of a Comprehensive Public Order of Human Dignity
Part III. Trends in Decision and Conditioning Factors: Claims Relating to Respect
6. Respect as the Core Value of Human Rights
7. Claims Relating to Fundamental Freedom of Choice
8. Claims Relating to a Basic Equality of Opportunity and Freedom from Discrimination
9. Claims Relating to Racial Discrimination
10. The Outlawing of Sex-Based Discrimination
11. Claims Relating to Freedom from Religious Discrimination
12. Claims for Freedom from Discrimination because of
13. Claims for Freedom from Discrimination in Choice of Language
14. The Protection of Aliens from Discrimination: State Responsibility Conjoined with Human Rights
15. The Protection of the Aged from Discrimination
Part IV. Future Prospects
16. The Aggregate Interest in Shared Respect and Human Rights: The Harmonization of Public Order and Civic Order
Appendix Nationality and Human Rights: The Protection of the Individual in External Arenas
Table of Cases
Name Index
Subject Index
