THE IDEA OF HUMAN RIGHTS FOUR INQUIRIES

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The Idea Of Human Rights

Author : Michael J. Perry
ISBN : 0195138287
Genre : Political Science
File Size : 54.29 MB
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Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays. * The initial essay, which is animated by Perry's skepticism about the capacity of any secular morality to offer a coherent account of the idea of human rights, suggests that the first part of the idea of human rights--the premise that every human being is "sacred" or "inviolable"--is inescapably religious. * Responding to recent criticism of "rights talk", Perry explicates, in his second essay, the meaning and value of talk about human rights. * In his third essay, Perry asks a fundamental question about human rights: Are they universal? In addressing this question, he disaggregates and criticizes several different varieties of "moral relativism" and then considers the implications of these different relativist positions for claims about human rights. * Perry turns to another fundamental question about human rights in his final essay: Are they absolute? He concludes that even if no human rights, understood as moral rights, are absolute or unconditional, some human rights, understood as international legal rights, are--and indeed, should be--absolute. In the introduction, Perry writes: "Of all the influential--indeed, formative--moral ideas to take center stage in the twentieth century, like democracy and socialism, the idea of human rights (which, again, in one form or another, is an old idea) is, for many, the most difficult. It is the most difficult in the sense that it is, for many, the hardest of the great moral ideas to integrate, the hardest to square, with the reigning intellectual assumptions of the age, especially what Bernard Williams has called 'Nietzsche's thought': 'There is not only no God, but no metaphysical order of any kind....' For those who accept 'Nietzsche's thought', can the idea of human rights possibly be more than a kind of aesthetic preference? In a culture in which it was widely believed that there is no God or metaphysical order of any kind, on what basis, if any, could the idea of human rights long survive?" The Idea of Human Rights: Four Inquiries will appeal to students of many disciplines, including (but not limited to) law, philosophy, religion, and politics.
Category: Political Science

Religion Secular Beliefs And Human Rights

Author : Natan Lerner
ISBN : 9789004152090
Genre : Political Science
File Size : 40.42 MB
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Religion, and beliefs related to religion, are today a central factor in international life and politics. International law, and human rights law in particular, have to take into consideration the religious dimension, and have done it to some extent. A body of positive law has already been developed for the protection of freedom of religion, and from religion, by the U.N. and regional organizations. This book, incorporating previously published as well as unpublished materials, discusses the legal meaning of religion and belief, the U.N. work in this respect, religious minorities, relevant regional and special arrangements, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and some particular situations, such as the state and religious communities in Israel and this country's agreement with the Holy See. Law schools, human rights scholars and activists, and international organizations will find interest in the book.
Category: Political Science

The Ultimate Rule Of Law

Author : David M. Beatty
ISBN : 0199269807
Genre : Law
File Size : 24.16 MB
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The Ultimate Rule of Law examines judgments of leading courts around the world on issues such as religious freedom, sex discrimination, and social and economic rights. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. Beatty's analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.Readership: Scholars, practitioners, and students.
Category: Law

Human Rights In The Constitutional Law Of The United States

Author : Michael J. Perry
ISBN : 9781107292659
Genre : Political Science
File Size : 61.75 MB
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In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.
Category: Political Science

God S Joust God S Justice

Author : John Witte
ISBN : 9780802844217
Genre : Law
File Size : 30.14 MB
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There are three things that people will die for -- their faith, their freedom, and their family. This volume focuses on all three, including the interactions among them, in the Western tradition and today. Retrieving and reconstructing a wealth of material from the earliest Hebrew and Greek texts of the West to the latest machinations of the Supreme Court, John Witte explores the legal and theological foundations of authority and liberty, equality and dignity, rights and duties, marriage and family, crime and punishment, and similar topics. God's Joust, God's Justice is a lucid scholarly introduction to the burgeoning field of law and religion and a learned historical inquiry into the weightier matters of the law.
Category: Law

World Of Faith And Freedom

Author : Thomas F. Farr
ISBN : 9780199884513
Genre : Religion
File Size : 61.39 MB
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Virtually every trouble spot on the planet has some sort of religious component. One need only consider Iraq and Afghanistan, Iran, Israel and Palestine, Turkey, India, Pakistan, Russia, and China, to name but a few. Looming behind national issues, of course, is the problem of regional Islamist extremism and transnational Islamist terrorism. In all of these sectors, religious tensions, ideas and actors are of great geo-political importance to the United States. Yet, argues Thomas Farr, our foreign policy is gravely handicapped by an inability to understand the role of religion either nationally or globally. There is a strong disinclination in American diplomacy to consider religious factors at all, either as part of the problem or part of the solution. In this engaging and well-written insider account, Farr offers a closely reasoned argument that religious freedom, the freedom to practice one's own religion in private and in public, is an essential prerequisite for a stable, durable democratic society. If the U.S. wants to foster democracy that lasts, he says, it must focus on fostering religious liberty, especially in its public manifestations, properly limited in a way that advances the common good. Although we ourselves have developed a remarkably successful model of religious freedom, our foreign policy favors an aggressive secularism that is at odds with the American model. It is essential, says Farr, that we take an approach that recognizes the great importance of religion in people's lives.
Category: Religion

Democratic Dilemma

Author : Nagaioh Manoharan
ISBN : 8187374500
Genre : Political Science
File Size : 69.84 MB
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Category: Political Science

My Daily Constitution Vol Iii

Author : Richard J. Rolwing
ISBN : 9781462809738
Genre : Law
File Size : 78.67 MB
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365 essays, each about 365 words, on Uncle Sam´s birthright, genealogy, and orientation, the U.S. Constitution´s philosophical and historical presuppositions and implications, or Philosophy for Dummies.
Category: Law

Law And Religion

Author : Stephen M. Feldman
ISBN : 081472678X
Genre : Law
File Size : 73.41 MB
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Following landmark trade agreements between Japan and the United States in the 1850s, Tokyo began importing a unique American commodity: Western social activism. As Japan sought to secure its future as a commercial power and American women pursued avenues of political expression, Protestant church-women and, later, members of the Women's Christian Temperance Union (WCTU) traveled to the Asian coast to promote Christian teachings and women's social activism. Rumi Yasutake reveals in Transnational Women's Activism that the resulting American, Japanese, and first generation Japanese-American women's movements came to affect more than alcohol or even religion. While the WCTU employed the language of evangelism and Victorian family values, its members were tactfully expedient in accommodating their traditional causes to suffrage and other feminist goals, in addition to the various political currents flowing through Japan and the United States at the turn of the nineteenth century. Exploring such issues as gender struggles in the American Protestant church and bourgeois Japanese women's attitudes towards the "pleasure class" of geishas and prostitutes, Yasutake illuminates the motivations and experiences of American missionaries, U.S. WCTU workers, and their Japanese protégés. The diverse machinations of WCTU activism offer a compelling lesson in the complexities of cultural imperialism.
Category: Law