Philosophical Foundations of Human Rights PDF Download

Author: Rowan Cruft
Publisher: Oxford University Press
ISBN: 0199688621
Category : Law
Languages : en
Pages : 721

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Book Description
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Author: Rowan Cruft
Publisher: Oxford University Press
ISBN: 019968863X
Category : Law
Languages : en
Pages : 721

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Book Description
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Author: Paul Tiedemann
Publisher: Springer Nature
ISBN: 3030422623
Category : Law
Languages : en
Pages : 410

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Book Description
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.

Author: Roger Crisp
Publisher: Oxford University Press, USA
ISBN: 0199668736
Category : Law
Languages : en
Pages : 252

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Book Description
This volume presents responses to the work of James Griffin, one of the most significant contributors to the contemporary debate over human rights. Leading moral and political philosophers engage with Griffin's views - according to which human rights are best understood as protections of our agency and personhood - and Griffin offers his own reply.

Author: Allen Buchanan
Publisher: Oxford University Press
ISBN: 0199325405
Category : Philosophy
Languages : en
Pages : 208

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Book Description
This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

Author: Hugh Collins
Publisher: Philosophical Foundations of L
ISBN: 0198825277
Category : Law
Languages : en
Pages : 369

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Book Description
The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Author: Sean Coyle
Publisher: Bloomsbury Publishing
ISBN: 1847310338
Category : Law
Languages : en
Pages : 224

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Book Description
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such,'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature.

Author: Gerhard Ernst
Publisher: Walter de Gruyter
ISBN: 3110263882
Category : Philosophy
Languages : en
Pages : 272

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Book Description
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.

Author: Thomas Mertens
Publisher: Cambridge University Press
ISBN: 1108244394
Category : Political Science
Languages : en
Pages : 313

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Book Description
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.

Author: Patrick Hayden
Publisher: Paragon Issues in Philosophy
ISBN:
Category : Philosophy
Languages : en
Pages : 716

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Book Description
Patrick Hayden brings together an extensive collection of classical and contemporary writings on the topic of human rights, providing an exceptionally comprehensive introduction to the subject.