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Provides students with an introduction to legal philosophy, using the Universal Declaration of Human Rights to reflect on human rights.
While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.
An introductory text to the philosophy of human rights, this book provides an innovative, systematic study of the concepts, ideas, and theories of human rights. It examines the principal philosophical issues that arise in specific areas of rights, such as women’s rights, minority rights, or disability rights, and addresses the human rights aspects of world problems such as global poverty and humanitarian intervention. Along with the presentation of these established subjects, the book provides a vibrant critique of both the liberal fundamentals of human rights and the legal and political aspects of the concrete practice by individuals and organizations. Key Features: Presents a thorough philosophical introduction to human rights for anyone from any subject (e.g., international law, politics, public policy, philosophy). While grounded in philosophy, demonstrates a clear, organized understanding of real-world aspects of the field, with a deep analysis of vital, current issues. Is attentive to critical stances on human rights and to stultifying privations in the field. Offers a well-organized overall structure, moving from historical treatment, to conceptual analysis, to a set of current issues, and finally to criticism.
This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement. Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.
This book presents a unique collection of the most relevant perspectives in contemporary human rights philosophy. Different intellectual traditions are brought together to explore some of the core postmodern issues challenging standard justifications. Widely accessible also to non experts, contributions aim at opening new perspectives on the state of the art of the philosophy of human rights. This makes this book particularly suitable to human rights experts as well as master and doctoral students. Further, while conceived in a uniform and homogeneous way, the book is internally organized around three central themes: an introduction to theories of rights and their relation to values; a set of contributions presenting some of the most influential contemporary strategies; and finally a number of articles evaluating those empirical challenges springing from the implementation of human rights. This specific set-up of the book provides readers with a stimulating presentation of a growing and interconnecting number of problems that post-natural law theories face today. While most of the contributions are new and specifically conceived for the present occasion, the volume includes also some recently published influential essays on rights, democracy and their political implementation.
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
The notion of “human rights” is widely used in political and moral discussions. The core idea, that all human beings have some inalienable basic rights, is appealing and has an eminently practical function: It allows moral criticism of various wrongs and calls for action in order to prevent them. On the other hand it is unclear what exactly a human right is. Human rights lack a convincing conceptual foundation that would be able to compel the wrong-doer to accept human rights claims as well-founded. Hence the practical function faces theoretical doubts. The present collection takes up the tension between the wide political use of human rights claims and the intellectual skepticism about them. In particular two major issues are identified that call for conceptual clarification in order to better understand human rights claims both in theory and in practice: the question of how to justify human rights and the tension between universal normative claims and particular moralities.
This fully revised and extended edition of James Nickel's classic study explains and defends the contemporary conception of human rights. Combining philosophical, legal and political approaches, Nickel explains international human rights law and addresses questions of justification and feasibility. New, revised edition of James Nickel's classic study. Explains and defends the conception of human rights found in the" Universal Declaration of Human Rights" (1948) and subsequent treaties in a clear and lively style. Covers fundamental freedoms, due process rights, social rights, and minority rights. Updated throughout to include developments in law, politics, and theory since the publication of the first edition. New features for this edition include an extensive bibliography and a chapter on human rights and terrorism.
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.
This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers (Ratna Kapur, G. C. Spivak, Upendra Baxi; Slavoj Žižek, Jacques Rancière), while in the middle, an American intermezzo (Richard Rorty, Wendy Brown) functions as a genuine Derridian supplement: always already contaminating the purity of the two theoretical schools, preventing their enclosure and, hence, fuelling and complicating further their mutual confrontation. As in any authentic dialogue, the introduction and the conclusion each claim victory for one of the sides by changing the very terms and rules of the dialogue, picturing it as a confrontation between emancipatory universalism and inefficient particularism (from the perspective of the post-Althusserians), or as a split between hypocrisy and truth (from the perspective of the post-colonialists).