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Author: Rainer Arnold
Publisher: Springer Science & Business Media
ISBN: 9400745109
Category : Law
Languages : en
Pages : 435
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Book Description
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
Author: Rainer Arnold
Publisher: Springer Science & Business Media
ISBN: 9400745109
Category : Law
Languages : en
Pages : 435
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Book Description
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
Author: Olivier De Schutter
Publisher: Cambridge University Press
ISBN: 1139993267
Category : Political Science
Languages : en
Pages : 1123
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Book Description
The leading textbook on international human rights law is now better than ever. The content has been fully updated and now provides more detailed coverage of substantive human rights, along with new sections on the war on terror and on the progressive realization of economic and social rights, making this the most comprehensive book in the field. It has a new, more student-friendly text design and has retained the features which made the first edition so engaging and accessible, including the concise and critical style, and questions and case studies within each chapter, as well as suggestions for further reading. Written by De Schutter, whose extensive experience working in the field and teaching the subject in both the US and EU gives him a unique perspective and valuable insight into the requirements of lecturers and students. This is an essential tool for all students of international human rights law.
Author: Jack Donnelly
Publisher: Cornell University Press
ISBN: 9780801487767
Category : Law
Languages : en
Pages : 308
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Book Description
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Author: András Sajó
Publisher: Springer
ISBN: 9401761728
Category : Political Science
Languages : en
Pages : 380
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Book Description
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.
Author: Alison Dundes Renteln
Publisher: Quid Pro Books
ISBN: 1610271599
Category : Political Science
Languages : en
Pages : 296
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Book Description
International Human Rights is a classic socio-legal study of the incompatibility and possible reconciliation of competing views of culture relativism and absolute fundamental human rights. It features prodigious research and insight that is much cited by academics and human rights lawyers and activists over two decades. Quality ebook edition features active Contents, linked notes, and proper presentation of text and charts. Are human rights universal? Universalists and cultural relativists have long been debating this question. In INTERNATIONAL HUMAN RIGHTS, Alison Dundes Renteln reconciles the two positions and argues that, within the vast array of cultural practices and values, it is possible to create structural equivalents to rights in all societies. She poses that empirical cross-cultural research can reveal universal human rights standards, then demonstrates it through an analysis of the concept of measured retribution. INTERNATIONAL HUMAN RIGHTS provides an unusual combination of abstract theory and empirical evidence. It will interest scholars and students in political science, sociology, anthropology, peace studies, cross-cultural research, and philosophy, as well as human rights activists.
Author: Seth D. Kaplan
Publisher: Cambridge University Press
ISBN: 1108471218
Category : Law
Languages : en
Pages : 271
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Book Description
Introduces the idea of a flexible approach to the human rights movement that returns to basics in an increasingly diverse and multipolar world.
Author: Hurst Hannum
Publisher: Cambridge University Press
ISBN: 1108417485
Category : Law
Languages : en
Pages : 245
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Book Description
Focuses on understanding human rights as they really are and their proper role in international affairs.
Author: Claudio Corradetti
Publisher: Springer Science & Business Media
ISBN: 140209986X
Category : Law
Languages : en
Pages : 181
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Book Description
When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI [If this is a man, pp. 111–112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ [Samtlic ̈ he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world.
Author: Siobhán Mullally
Publisher: Bloomsbury Publishing
ISBN: 1847311555
Category : Law
Languages : en
Pages : 287
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Book Description
In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.
Author: Eva Brems
Publisher: BRILL
ISBN: 9004481958
Category : Law
Languages : en
Pages : 592
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Book Description
