RECONCILING LAW AND MORALITY IN HUMAN RIGHTS DISCOURSE BEYOND THE HABERMASIAN ACCOUNT OF HUMAN RIGHTS PHILOSOPHY AND POLITICS CRITICAL EXPLORATIONS

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Reconciling Law And Morality In Human Rights Discourse

Author : Willy Moka-Mubelo
ISBN : 9783319494968
Genre : Philosophy
File Size : 69.51 MB
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In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Category: Philosophy

The Endtimes Of Human Rights

Author : Stephen Hopgood
ISBN : 9780801469305
Genre : Political Science
File Size : 43.12 MB
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"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.
Category: Political Science

Human Rights Southern Voices

Author : William Twining
ISBN : 9780521113212
Genre : Law
File Size : 52.97 MB
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This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.
Category: Law

Habermas

Author : Stefan Müller-Doohm
ISBN : 9780745689104
Genre : Philosophy
File Size : 33.96 MB
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‘Jürgen Habermas’, wrote the American philosopher Ronald Dworkin on the occasion of the great European thinker’s eightieth birthday, ‘is not only the world’s most famous living philosopher. Even his fame is famous.’ Now, after many years of intensive research and in-depth conversations with contemporaries, colleagues and Habermas himself, Stefan Müller-Doohm presents the first comprehensive biography of one of the most important public intellectuals of our time. From his political and philosophical awakening in West Germany to the formative relationships with Adorno and Horkheimer, Müller-Doohm masterfully traces the major forces that shaped Habermas’s intellectual development. He shows how Habermas’s life and work were conditioned by the possibilities offered to his generation in the unique circumstances of regained freedom that characterized postwar Germany. And yet Habermas’s career is fascinating precisely because it amounts to more than a corpus of scholarly work, however original and influential that may be. For here is someone who continually left the protective space of the university in order to assume the role of a participant in controversial public debates Ð from the significance of the Holocaust to the future of Europe Ð and in this way sought to influence the development of social and political life in an arena much broader than the academy. The significance and virtuosity of Habermas’s many writings over the years are also fully and expertly documented, ranging from his early work on the public sphere to his more recent writings on communicative action, cosmopolitanism and the postnational condition. What emerges from this biography is a vivid portrait of one of the great public intellectuals of our time Ð a unique thinker who has made an immense and lasting philosophical contribution but who, when he perceives that society is not living up to its potential for creating free and just conditions for all, becomes one of its most rigorous and persistent critics.
Category: Philosophy

A Good Life

Author : Mary Edmunds
ISBN : 9781922144676
Genre : Social Science
File Size : 49.66 MB
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This book is a story. It's a story about ordinary people in very different parts of the world dealing with rapid change in the late twentieth and early twenty-first centuries. It's about times of turbulent and violent social upheaval and rupture with the past. It's about modern times. It's also about being human; what it is to be human in a modernising and globalising world; how, in responding to the circumstances of their times, different groups define, redefine, and attempt to put into practice their understandings of the good and of what constitutes a good life. And it's about how human rights have come to be not abstract universal principles but a practical source of consciousness and practice for real people.
Category: Social Science

Rawls And Habermas

Author : Todd Hedrick
ISBN : 0804774757
Genre : Philosophy
File Size : 43.15 MB
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This book offers a comprehensive evaluation of the two preeminent post-WWII political philosophers, John Rawls and Jürgen Habermas. Both men question how we can be free and autonomous under coercive law and how we might collectively use our reason to justify exercises of political power. In pluralistic modern democracies, citizens cannot be expected to agree about social norms on the basis of common allegiance to comprehensive metaphysical or religious doctrines concerning persons or society, and both philosophers thus engage fundamental questions about how a normatively binding framework for the public use of reason might be possible and justifiable. Hedrick explores the notion of reasonableness underwriting Rawls's political liberalism and the theory of communicative rationality that sustains Habermas's procedural conception of the democratic constitutional state. His book challenges the Rawlsianism prevalent in the Anglo-American world today while defending Habermas's often poorly understood theory as a superior alternative.
Category: Philosophy

Real World Justice

Author : A. Follesdal
ISBN : 9781402031427
Genre : Law
File Size : 54.31 MB
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1 2 Andreas Follesdal and Thomas Pogge 1 The Norwegian Centre for Human Rights at the Faculty of Law and ARENA Centre for 2 European Studies, University of Oslo; Philosophy, Columbia University, New York, and Oslo University; Centre for Applied Philosophy and Public Ethics, Australian National University, Canberra This volume discusses principles of global justice, their normative grounds, and the social institutions they require. Over the last few decades an increasing number of philosophers and political theorists have attended to these morally urgent, politically confounding and philosophically challenging topics. Many of these scholars came together September 11–13, 2003, for an international symposium where first versions of most of the present chapters were discussed. A few additional chapters were solicited to provide a broad and critical range of perspectives on these issues. The Oslo Symposium took Thomas Pogge’s recent work in this area as its starting point, in recognition of his long-standing academic contributions to this topic and of the seminars on moral and political philosophy he has taught since 1991 under the auspices of the Norwegian Research Council. Pogge’s opening remarks — “What is Global Justice?” — follow below, before brief synopses of the various contributions.
Category: Law

Sociological Abstracts

Author : Leo P. Chall
ISBN : STANFORD:36105114623411
Genre : Sociology
File Size : 90.36 MB
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CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.
Category: Sociology

Culture And Rights

Author : Jane K. Cowan
ISBN : 0521797357
Genre : Law
File Size : 50.16 MB
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Part I: Setting universal rights
Category: Law

Argument Evaluation And Evidence

Author : Douglas Walton
ISBN : 9783319196268
Genre : Philosophy
File Size : 27.20 MB
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​This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.
Category: Philosophy