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Political and Legal Approaches to Human Rights [Kõva köide]

Edited by (Charles Sturt University, Canberra, Australia), Edited by
  • Formaat: Hardback, 266 pages, kõrgus x laius: 246x174 mm, kaal: 650 g
  • Ilmumisaeg: 20-Nov-2017
  • Kirjastus: Routledge
  • ISBN-10: 1138744581
  • ISBN-13: 9781138744585
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  • Formaat: Hardback, 266 pages, kõrgus x laius: 246x174 mm, kaal: 650 g
  • Ilmumisaeg: 20-Nov-2017
  • Kirjastus: Routledge
  • ISBN-10: 1138744581
  • ISBN-13: 9781138744585

This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’ approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book.

At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.

Arvustused

This is an outstanding collection of papers that address deeply contested questions about the nature and foundations of human rights, and in particular, consider to what extent an institutional, contextual, and functional approach can bypass philosophical enquiries aimed at establishing moral truths. All readers, whether they are new to these debates or already well acquainted with them, will be richly rewarded.

Jeffrey Goldsworthy, Monash University

List of contributors
ix
Introduction x
PART I Identifying political approaches
1(70)
1 Human rights morality and human rights practice: an interactive approach
3(14)
Tom Campbell
2 Human rights for non-believers
17(11)
Caroline West
3 Traces of recognition: rights and political realism
28(12)
Duncan Ivison
4 A practical account of the concept of human rights
40(16)
Jovana Davidovic
5 Deriving human rights from human dignity: a novel political approach
56(15)
Suzy Killmister
PART II Critiquing political approaches
71(60)
6 Exiting the hall of mirrors: morality and law in human rights
73(17)
John Tasioulas
7 The mismatch between theory and practice in recent theorizing about human rights
90(23)
Denise Meyerson
8 Human rights, doubts and democracy
113(18)
James Allan
PART III Accommodating economic rights
131(56)
9 Two conceptions of social and economic rights: basic needs versus equality
133(22)
Octavio Luiz Motta Ferraz
10 The politics of human rights and finance
155(13)
David Kinlly
11 Human rights, the political view, and transnational corporations: an exploration
168(19)
Laura Valentini
PART IV Beyond the nation state?
187(40)
12 The absence of horizontal effect in human rights law: domestic violence and the intimate sphere
189(14)
Sonu Bedi
13 The `human' right to self-defence: natural, institutional or political right?
203(11)
Seumas Miller
14 Beitz's two-level model of human rights and statelessness
214(13)
Kylie Bourne
Conclusion 227(2)
An overview of political approaches to human rights 229(11)
Rhiannon Neilsen
Tom Campbell
Index 240
Tom Campbell is a Research Associate at Charles Sturt University, Australia, formerly Professorial Fellow in the Centre for Applied Philosophy and Public Ethics (CAPPE), previously Professor of Law at The Australian National University and prior to that Professor of Jurisprudence at The University of Glasgow, UK. He has published extensively on Legal Theory and Political Philosophy.

Dr Kylie Bourne is Senior Research Assistant at the Regional Australia Institute. She was formerly Research Assistant at Charles Sturt University and prior to that, Research Management Coordinator in the College of Law at the Australian National University.