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Author: James Griffin
Publisher: OUP Oxford
ISBN: 0191623415
Category : Philosophy
Languages : en
Pages : 360
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Book Description
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
Author: James Griffin
Publisher: OUP Oxford
ISBN: 0191623415
Category : Philosophy
Languages : en
Pages : 360
Get Book
Book Description
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
Author: Roger Crisp
Publisher: OUP Oxford
ISBN: 0191645990
Category : Philosophy
Languages : en
Pages : 240
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Book Description
Human rights are one of the most controversial and widely discussed ideas in contemporary politics, ethics, and law. In recent decades, the philosophy of human rights has become one of the most lively areas in philosophy. One of the most significant contributors to the debate has been James Griffin, formerly White's Professor of Moral Philosophy at the University of Oxford. In his book, On Human Rights, and in other work, Griffin has defended the view that contemporary judicial understandings of human rights rest on an insecure theoretical basis. This has had the result that the language of human rights has been over-extended, and consequently has less force where it really matters. On Griffin's view, human rights are best understood as protections of our agency and personhood, and he argues his case with reference to many real-life human rights cases. Griffin's book has led to a great deal of discussion, and this volume collects several of the most significant responses to Griffin by internationally leading moral and political philosophers. It also includes a response by Griffin himself. The book does not require first-hand knowledge of Griffin's work, and, while being required reading for scholars of human rights, will also make an ideal book for a undergraduate or graduate seminar on human rights.
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: 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: Charles R. Beitz
Publisher: Oxford University Press
ISBN: 0199604371
Category : Law
Languages : en
Pages : 250
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Book Description
Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.
Author: Hans Ingvar Roth
Publisher: University of Pennsylvania Press
ISBN: 0812295471
Category : Political Science
Languages : en
Pages : 317
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Book Description
The Universal Declaration of Human Rights is one of the world's best-known and most translated documents. When it was presented to the United Nations General Assembly in December in 1948, Eleanor Roosevelt, chair of the writing group, called it a new "Magna Carta for all mankind." The passage of time has shown Roosevelt to have been largely correct in her prediction as to the declaration's importance. No other document in the world today can claim a comparable standing in the international community. Roosevelt and French legal expert René Cassin have often been represented as the principal authors of the declaration. But in fact, it resulted from a collaborative effort involving a number of individuals in different capacities. One of the declaration's most important authors was the vice chairman of the Human Rights Commission, Peng Chun Chang (1892-1957), a Chinese diplomat and philosopher whose contribution has been the focus of growing attention in recent years. Indeed, it is Chang who deserves the credit for the universality and religious ecumenism that are now regarded as the declaration's defining features. Despite this, Chang's extraordinary contribution has been overlooked by historians. Peng Chun Chang was a modern-day Renaissance man—teacher, scholar, university chancellor, playwright, diplomat, and politician. A true cosmopolitan, he was deeply involved in the cultural exchange between East and West, and the dramatic events of his life left a profound mark on his intellectual and political work. P. C. Chang and the Universal Declaration of Human Rights is the first biography of this extraordinary actor on the world stage, who belonged to the same generation as Mao Zedong and Chiang Kai-shek. Drawing on previously unknown sources, it casts new light on Chang's multifaceted life and involvement with one of modern history's most important documents.
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: Henry Shue
Publisher: Princeton University Press
ISBN: 9780691029290
Category : Philosophy
Languages : en
Pages : 256
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Book Description
I. Three Basic rights
Author: Jan Wouters
Publisher: Edward Elgar Publishing
ISBN: 183910032X
Category : Political Science
Languages : en
Pages : 368
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Book Description
This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?
Author: James W. Nickel
Publisher: Univ of California Press
ISBN: 9780520059948
Category : Philosophy
Languages : en
Pages : 276
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Book Description
This fully revised and extended edition of James Nickel's classic study explains and defends the contemporary conception of human rights. Combining philosophical, legal and political approaches, Nickel explains international human rights law and addresses questions of justification and feasibility. New, revised edition of James Nickel's classic study. Explains and defends the conception of human rights found in the" Universal Declaration of Human Rights" (1948) and subsequent treaties in a clear and lively style. Covers fundamental freedoms, due process rights, social rights, and minority rights. Updated throughout to include developments in law, politics, and theory since the publication of the first edition. New features for this edition include an extensive bibliography and a chapter on human rights and terrorism.
