Full Description
Reflecting on the various dichotomies through which human rights have traditionally been understood, this book takes account of recent developments in both theories of rights and in international human rights law to present new ways of thinking about some long-standing problems.Leading legal and political philosophers, social theorists and scholars of international law discuss traditional dilemmas and taxonomies in human rights theory, engaging with contemporary scholarship and current practice. The book examines various tensions, such as those between legal and moral rights, positive and negative rights, universal and particular rights, and group and individual rights.
Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philosophy.
Contributors: T. Campbell, P. Emerton, D. Ivison, D. Kinley, E. MacDonald, S. Marks, J. Mowbray, T. Pogge, W. Sadurski, J. Waldron, N. Walker, K. Walton
Contents
Contents:
Preface
David Kinley, Wojciech Sadurski and Kevin Walton
1. Human Rights: Moral or Legal?
Tom Campbell
2. Human Rights as Moral Rights
Kevin Walton
3. Are We Violating the Human Rights of the World's Poor?
Thomas Pogge
4. Human Rights and Political Agency: On Pogge's Analysis of Human Rights Violations Today
Duncan Ivison
5. Universalism and Particularism in Human Rights: Trade-off or Productive Tension?
Neil Walker
6. The Particularism of Human Rights Discourse
Patrick Emerton
7. Democracy and Human Rights: Good Companions
Jeremy Waldron
8. Recasting the Relationship: Human Rights, Democracy and Constitutionalism as Material Topoi of Legitimacy
Euan MacDonald
9. Autonomy, Identity and Self-knowledge: A New 'Solution' to the Liberal-Communitarian 'Problem'?
Jacqueline Mowbray
10. Four Human Rights Myths
Susan Marks
11. Where Hope Meets Expectation between Human Rights Idealism and Pragmatism
David Kinley
Index
