Full Description
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.
Contents
Table of Legislation
Introduction
1. Philosophical Roots of the Concept of Humanity
I. Ancient Greek Ideas Regarding Humanity and Citizenship
II. Stoic Ideas of Humanity
III. The Christian Idea of Humanity
IV. The Enlightenment, Abstract Humanity and Universalism
V. Kant's Conception of Humanity
VI. Marx, Nietzsche and Freud: Towards a New Idea of Humanity and Political Subjectivity?
2. Foundations of Dignity and Human Rights
I. Introduction
II. The Human Soul in Greek Philosophy
III. Dignity in the Christian Tradition
IV. The Enlightenment, Kant and Human Dignity
V. The Early French and US Declarations of Human Rights
VI. Human Dignity in the Modern Human Rights Discourse
3. Ideas of Universal Human Rights versus Citizenship
I. Introduction
II. The Problem with Decoupling Human Rights and Citizenship
III. Human Rights Dichotomies
IV. Questioning the Universality of Human Rights
4. Ideas of World Citizenship: Attempting to Overcome the Conflict between the Exclusive and the Universal
I. Introduction
II. The Origins of Cosmopolitanism
III. Global Citizenship and Human Rights
5. A New Framework of Global Human Rights
I. Introduction
II. A Postmodern Global Society without Borders?
III. New Conceptions of Global Human Rights
IV. A Theory of Global Human Rights
Bibliography
Index
