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Human Rights in Philosophy and Practice

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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.
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Editorial Reviews

Booknews
A selection of 27 papers from the 19th World Congress on the Philosophy of Law and Social Philosophy, in New York City during early summer 1999, represent a cross-section of the multinational participation and widely diverse philosophical and legal interests and specialties at the gathering. They take up such issues as the grounds for the universality of human rights; the rights of women, minorities, cultural groups, and indigenous peoples; the scope and limits of international protection of human rights; and the relation between the rights of individuals and the rights of people collectively to protect the environment and other aspects of the common heritage. There is no subject index. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780754622109
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 8/1/2001
  • 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 Contributors
Series Preface
Preface
Pt. I The Philosophy of Rights 1
1 Libertarianism, Motivation and Rights 3
2 Human Rights, Truth, McIntyre and Putnam's Pragmatism 17
3 Towards a Natural Justice of Rights Relationships 41
4 Collective Moral Responsibility 63
5 Are Human Rights Universal? 87
Pt. II Constitutional Rights 105
6 The Role of the Constitutional Courts in the Development of Legal Systems 107
7 On Constitutional Social Rights 141
8 Modest Judicial Restraint 153
9 Democratising Human Rights 175
10 Judicial Protection of Human Rights in India 197
Pt. III Minority Rights 213
11 How to Justify the Rights of Political Minorities 215
12 Cultural Citizenship: Minority Rights and Political Community 235
13 Autonomy, Diversity and the Right to Culture 285
14 Collective Rights: The Case of Indigenous Peoples 303
15 Defending Women's Rights Internationally 317
Pt. IV State Sovereignty and Human Rights 333
16 Challenges to the Concepts of 'Sovereignty' and 'Intervention' 335
17 State Sovereignty and the Common Good and International Intervention 393
Pt. V Global Justice 407
18 Nation-Building and Global Justice 409
19 Retroactive Justice: Trials for Human Rights Violations under a Prior Regime 423
20 Left-Libertarianism and Global Justice 443
21 Global Ecological Citizenship and Human Rights 459
Pt. VI Self-Determination 477
22 Therapeutic Jurisprudence and the Rights of Self-Determination 479
23 The Ethics of Self-Determination: Democratic, National and Regional 503
Pt. VII Diverse Experiences of Human Rights 513
24 Human Rights and Human Responsibilities: An East Asian Perspective 515
25 Legal Moralism and the European Court of Human Rights 525
26 The Paradox o Remedies 549
27 The Success of Feminist Jurisprudence in India 587
Name Index 605
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