Human Rights in Philosophy and Practice

Human Rights in Philosophy and Practice

by Burton M. Leiser, Tom Campbell, Tom D. Campbell
     
 

ISBN-10: 075462210X

ISBN-13: 9780754622109

Pub. Date: 08/01/2001

Publisher: Ashgate Publishing, Limited

The essays in this highly cosmopolitan collection were selected from over 250 contributions presented at the 19th World Congress in Philosophy of Law and Social Philosophy (IVR) held in New York in 1999. They represent a cross-section of contemporary work on human rights derived from eleven different countries. In addition to philosophical discussion of key problems

Overview

The essays in this highly cosmopolitan collection were selected from over 250 contributions presented at the 19th World Congress in Philosophy of Law and Social Philosophy (IVR) held in New York in 1999. They represent a cross-section of contemporary work on human rights derived from eleven different countries. In addition to philosophical discussion of key problems relating to the philosophy and practice of human rights throughout the world, there are specialist groups of essays on constitutional rights, minority rights, state sovereignty and human rights, global justice and self-determination, as well as a number which reflect the diversity of the political and legal development in the field of human rights in various regions of the world. Contents: The Philosophy of Rights: Libertarianism, motivation and rights, Samantha Brennan; Human rights, truth, Mcintyre and Putman's pragmatism, Thrassyvoulos Papadopolous; Towards a natural justice of rights relationships, John A. Humbach; Collective, moral responsibility, Seumas Miller; Are human rights universal?, Yanaki B. Stoilov. Constitutional Rights: The Hungarian constitutional court, Gabor Halmai; On constitutional social rights, Rodolfo Arango; Modest judicial restraint, Theodore M. Benditt; Democratizing human rights, Tom Campbell; Judicial protection of human rights in India, Meenakshi Jain. State Sovereignty and Human Rights: Democratic and global challenges to the concepts of "sovereignty" and "intervention", Charles Sampford; State sovereignty and the common good: towards justifying international intervention, R.A. Akanmidu. Global justice: Nation-building and global justice, Kok-Chor Tan; Retroactive justice: trials for humanrights violations under a prior regime, Makoto Usami; Left libertarianism and global justice, N. Tideman and P. Vallentyne; Global ecological citizenship and human rights, Peter D. Swan. Self-Determination: therapeutic jurisprudence and the rights of self-determination, James M. Cooper; The ethics of self-determination: democratic, national, regional, Omar Dahbour. Diverse Experiences of Human Rights: Human rights and human responsibilities: an East Asian perspective, Chongko Choi; Legal moralism and the European court of human rights, Richard Nunan; The paradox of remedies, Louis E. Wolcher; The success of feminist jurisprudence in India, Nidhi Gupta.

Product Details

ISBN-13:
9780754622109
Publisher:
Ashgate Publishing, Limited
Publication date:
08/01/2001
Series:
Applied Legal Philosophy Series
Pages:
516
Product dimensions:
6.38(w) x 9.53(h) x 1.61(d)

Table of Contents

List of Contributorsix
Series Prefacexi
Prefacexiii
Part IThe Philosophy Of Rights1
1.Libertarianism, Motivation and Rights3
2.Human Rights, Truth, McIntyre and Putnam's Pragmatism17
3.Towards a Natural Justice of Rights Relationships41
4.Collective Moral Responsibility63
5.Are Human Rights Universal?87
Part IIConstitutional Rights105
6.The Role of the Constitutional Courts in the Development of Legal Systems107
7.On Constitutional Social Rights141
8.Modest Judicial Restraint153
9.Democratising Human Rights175
10.Judicial Protection of Human Rights in India197
Part IIIMinority Rights213
11.How to Justify the Rights of Political Minorities215
12.Cultural Citizenship: Minority Rights and Political Community235
13.Autonomy, Diversity and the Right to Culture285
14.Collective Rights: The Case of Indigenous Peoples303
15.Defending Women's Rights Internationally317
Part IVState Sovereignty And Human Rights333
16.Challenges to the Concepts of 'Sovereignty' and 'Intervention'335
17.State Sovereignty and the Common Good and International Intervention393
Part VGlobal Justice407
18.Nation-Building and Global Justice409
19.Retroactive Justice: Trials for Human Rights Violations under a Prior Regime423
20.Left-Libertarianism and Global Justice443
21.Global Ecological Citizenship and Human Rights459
Part VISelf-Determination477
22.Therapeutic Jurisprudence and the Rights of Self-Determination479
23.The Ethics of Self-Determination: Democratic, National and Regional503
Part VIIDiverse Experiences Of Human Rights513
24.Human Rights and Human Responsibilities: An East Asian Perspective515
25.Legal Moralism and the European Court of Human Rights525
26.The Paradox of Remedies549
27.The Success of Feminist Jurisprudence in India587
Name Index605

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