Human Rights: Moral Or Political? – Ebook Instant Download/Delivery ISBN(s): 9780191781704,9780198713258,0191781703,0198713258
Product details:
- ISBN-10 : 0198713258
- ISBN-13 : 978-0198713258
- Author(s):
Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are “Orthodox” theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are “Political” theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty.
This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rights to their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights – their description of an ideal world – with the requirement that they be feasible in the here and now; the role of human rights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights.
Table contents:
Introduction, Adam Etinson
I. THE RELEVANCE OF HISTORY
1. Rights, History, Critique, Martti Koskenniemi
1.1 Doing Without an Original: A Commentary on Martti Koskenniemi, Annabel Brett
2. Human Rights in Heaven, Samuel Moyn
2.1 Philosophizing the Real World of Human Rights: A Reply to Samuel Moyn, John Tasioulas
2.2 Genealogies of Human Rights: What’s at Stake?, Jeffrey Flynn
II. THE ORTHODOX-POLITICAL DEBATE
3. Human Rights: A Critique of the Raz/Rawls Approach, Jeremy Waldron
3.1 On Waldron’s Critique of Raz on Human Rights, Joseph Raz
4. Assigning Functions to Human Rights: Methodological Issues in Human Rights Theory, James W. Nickel
4.1 On Being Faithful to the ‘Practice’: A Response to Nickel, Adam Etinson
5. The Concept of Human Rights: The Broad View, Andrea Sangiovanni
5.1 Human Rights in Context: A Comment on Sangiovanni, Rainer Forst
III. MORALITY AND LAW
6. Taking International Legality Seriously: A Methodology for Human Rights, Allen Buchanan & Gopal Sreenivasan
6.1 Instrumentalism and Human Rights: A Response to Buchanan and Sreenivasan, Erasmus Mayr
7. The Turn to Justification: On the Structure and Domain of Human Rights Practice, Mattias Kumm
7.1 Human Rights and Justification: A Reply to Mattias Kumm, Samantha Besson
8. Appreciating the Margin of Appreciation, Andreas Follesdal
8.1 The Margin of Appreciation Revisited: A Response to Follesdal, George Letsas
IV. IDEALS AND THEIR LIMITS
9. Dwelling in Possibility: Ideals, Aspirations, and Human Rights, Kimberley Brownlee
9.1 In What Sense Should Respect for Human Rights Be Attainable? A Response to Brownlee, Rowan Cruft
10. The Nature of Violations of the Human Right to Subsistence, Elizabeth Ashford
10.1 Remarks on Elizabeth Ashford’s “The Nature of Violations of the Human Right to Subsistence”, Daniel Weinstock
V. THE CHALLENGES OF POLITICS
11. Reflections on Human Rights and Power, Pablo Gilabert
11.1 Reflections on Human Rights and Power: A Commentary, Elizabeth Frazer
12. The Hazards of Rescue, C.A.J. Coady
12.1 The Politics of Humanitarian Morality: Reflections on “The Hazards of Rescue”, Vasuki Nesiah
VI. INDIVIDUALS, BORDERS, AND GROUPS
13. Human Rights and Collective Self-Determination, Peter Jones
13.1 Linking Self-Determination and Human Rights: A Comment on Peter Jones, Will Kymlicka
14. Human Rights, Membership, and Moral Responsibility in an Unjust World: The Case of Immigration Restrictions, Alex Levitov & Stephen Macedo
14.1 The Slippery Slope of Statist Cosmopolitanism: A Response to Levitov and Macedo, Seyla Benhabib
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