Charting Global Responsibilities; Legal Philosophy and Human Rights

Overview

This book examines alternative philosophical conceptions of legal interpretation as a way of making sense of international human rights as they bear on government and multinational business activities. Today the dominant philosophies of law pertaining to rights interpretation are positivism, realism, and law-as-integrity. The author advocates a modified law-as-integrity approach to international law. Such a conception identifies interpretations of human rights with normative theories-elaborated by an idealized ...

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Overview

This book examines alternative philosophical conceptions of legal interpretation as a way of making sense of international human rights as they bear on government and multinational business activities. Today the dominant philosophies of law pertaining to rights interpretation are positivism, realism, and law-as-integrity. The author advocates a modified law-as-integrity approach to international law. Such a conception identifies interpretations of human rights with normative theories-elaborated by an idealized jurist, Grotius-which seeks to take rights seriously by giving the best possible justifications for settled doctrine. Contents: Preface; Introduction; Jurisprudential Paradigms for International Human Rights; Legal Positivism: Human Rights as "Plain Fact"; Legal Realism and Critical Theory: Human Rights as the "Fictions" of Factions; Law-as-Integrity: Mediating Law, Morality, and Human Rights in a Global Context; Interpretative Contexts for Global Responsibilities; Interpreting Human Rights Texts; The International Community as the "Audience" of Human Rights; Justifying Institutional Theories of Human Rights; Appendix.

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Product Details

  • ISBN-13: 9780819194787
  • Publisher: University Press of America
  • Publication date: 1/28/1994
  • Pages: 258
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.00 (d)

Meet the Author

Kevin T. Jackson is Assistant Professor of Ethics at Fordham University.

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Table of Contents

Preface
Introduction
Ch. 1 Jurisprudential Paradigms for International Human Rights 1
Ch. 2 Legal Positivism: Human Rights as "Plain Fact" 21
Ch. 3 Legal Realism and Critical Theory: Human Rights as the "Fictions" of Factions 39
Ch. 4 Law-as-Integrity: Mediating Law, Morality, and Human Rights in a Global Context 57
Ch. 5 Interpretive Contexts for Global Responsibilities 92
Ch. 6 Interpreting Human Rights Texts 137
Ch. 7 The International Community as the "Audience" of Human Rights 160
Ch. 8 Justifying Institutional Theories of Human Rights 177
Appendix
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