Reconciling Law and Morality in Human Rights Discourse

Author: Willy Moka-Mubelo
Publisher: Springer
ISBN: 3319494961
Format: PDF
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In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.

Domesticating Human Rights

Author: Fidèle Ingiyimbere
Publisher: Springer
ISBN: 3319576216
Format: PDF
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This book develops a philosophical conception of human rights that responds satisfactorily to the challenges raised by cultural and political critics of human rights, who contend that the contemporary human rights movement is promoting an imperialist ideology, and that the humanitarian intervention for protecting human rights is a neo-colonialism. These claims affect the normativity and effectiveness of human rights; that is why they have to be taken seriously. At the same time, the same philosophical account dismisses the imperialist crusaders who support the imperialistic use of human rights by the West to advance liberal culture. Thus, after elaborating and exposing these criticisms, the book confronts them to the human rights theories of John Rawls and Jürgen Habermas, in order to see whether they can be addressed. Unfortunately, they are not. Therefore, having shown that these two philosophical accounts of human rights do not respond convincingly to those the postcolonial challenges, the book provides an alternative conception that draws the understanding of human rights from local practices. It is a multilayer conception which is not centered on state, but rather integrates it in a larger web of actors involved in shaping the practice and meaning of human rights. Confronted to the challenges, this new conception offers a promising way for addressing them satisfactorily, and it even sheds new light to the classical questions of universality of human rights, as well as the tension between universalism and relativism.

Habermas

Author: Stefan Müller-Doohm
Publisher: John Wiley & Sons
ISBN: 0745689108
Format: PDF, Mobi
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‘Jürgen Habermas’, wrote the American philosopher Ronald Dworkin on the occasion of the great European thinker’s eightieth birthday, ‘is not only the world’s most famous living philosopher. Even his fame is famous.’ Now, after many years of intensive research and in-depth conversations with contemporaries, colleagues and Habermas himself, Stefan Müller-Doohm presents the first comprehensive biography of one of the most important public intellectuals of our time. From his political and philosophical awakening in West Germany to the formative relationships with Adorno and Horkheimer, Müller-Doohm masterfully traces the major forces that shaped Habermas’s intellectual development. He shows how Habermas’s life and work were conditioned by the possibilities offered to his generation in the unique circumstances of regained freedom that characterized postwar Germany. And yet Habermas’s career is fascinating precisely because it amounts to more than a corpus of scholarly work, however original and influential that may be. For here is someone who continually left the protective space of the university in order to assume the role of a participant in controversial public debates Ð from the significance of the Holocaust to the future of Europe Ð and in this way sought to influence the development of social and political life in an arena much broader than the academy. The significance and virtuosity of Habermas’s many writings over the years are also fully and expertly documented, ranging from his early work on the public sphere to his more recent writings on communicative action, cosmopolitanism and the postnational condition. What emerges from this biography is a vivid portrait of one of the great public intellectuals of our time Ð a unique thinker who has made an immense and lasting philosophical contribution but who, when he perceives that society is not living up to its potential for creating free and just conditions for all, becomes one of its most rigorous and persistent critics.

Culture and Rights

Author: Jane K. Cowan
Publisher: Cambridge University Press
ISBN: 9780521797351
Format: PDF, ePub, Mobi
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Part I: Setting universal rights

Human Rights Southern Voices

Author: William Twining
Publisher: Cambridge University Press
ISBN: 0521113210
Format: PDF, ePub, Mobi
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This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

Sociological Abstracts

Author: Leo P. Chall
Publisher:
ISBN:
Format: PDF, ePub
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CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.

A Good Life

Author: Mary Edmunds
Publisher: ANU E Press
ISBN: 1922144673
Format: PDF, ePub, Mobi
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This book is a story. It's a story about ordinary people in very different parts of the world dealing with rapid change in the late twentieth and early twenty-first centuries. It's about times of turbulent and violent social upheaval and rupture with the past. It's about modern times. It's also about being human; what it is to be human in a modernising and globalising world; how, in responding to the circumstances of their times, different groups define, redefine, and attempt to put into practice their understandings of the good and of what constitutes a good life. And it's about how human rights have come to be not abstract universal principles but a practical source of consciousness and practice for real people.

Rawls and Habermas

Author: Todd Hedrick
Publisher: Stanford University Press
ISBN: 9780804774758
Format: PDF, Docs
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This book offers a comprehensive evaluation of the two preeminent post-WWII political philosophers, John Rawls and Jürgen Habermas. Both men question how we can be free and autonomous under coercive law and how we might collectively use our reason to justify exercises of political power. In pluralistic modern democracies, citizens cannot be expected to agree about social norms on the basis of common allegiance to comprehensive metaphysical or religious doctrines concerning persons or society, and both philosophers thus engage fundamental questions about how a normatively binding framework for the public use of reason might be possible and justifiable. Hedrick explores the notion of reasonableness underwriting Rawls's political liberalism and the theory of communicative rationality that sustains Habermas's procedural conception of the democratic constitutional state. His book challenges the Rawlsianism prevalent in the Anglo-American world today while defending Habermas's often poorly understood theory as a superior alternative.

Argument Evaluation and Evidence

Author: Douglas Walton
Publisher: Springer
ISBN: 331919626X
Format: PDF
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​This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.

Law and Globalization from Below

Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9780521607353
Format: PDF, Docs
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An unprecedented attempt to analyze the role of the law in the global movement for social justice.