Human Rights: Moral or Political?
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Product details:
- Publisher OUP Oxford
- Date of Publication 15 March 2018
- ISBN 9780198713258
- Binding Hardback
- No. of pages520 pages
- Size 241x164x35 mm
- Weight 944 g
- Language English 0
Categories
Short description:
This volume is a collective study of the two leading conceptions of human rights: as natural moral rights that we have simply in virtue of being human, or as rights that play a distinctive role in modern politics. Each chapter is accompanied by a probing commentary; the authors are leading figures from philosophy, law, and political science
MoreLong description:
Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it.
The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them?
This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights.
A rich collection of focussed dialogues — a provocative gift for teaching — in which the lively ferment over human rights in recent years is deepened, often by becoming refreshingly interdisciplinary, and exciting new formulations are proposed by a diverse range of leading scholars.
Table of Contents:
Introduction
I. THE RELEVANCE OF HISTORY
Rights, History, Critique
1.1 Doing Without an Original: A Commentary on Martti Koskenniemi
Human Rights in Heaven
2.1 Philosophizing the Real World of Human Rights: A Reply to Samuel Moyn
2.2 Genealogies of Human Rights: What's at Stake?
II. THE ORTHODOX-POLITICAL DEBATE
Human Rights: A Critique of the Raz/Rawls Approach
3.1 On Waldron's Critique of Raz on Human Rights
Assigning Functions to Human Rights: Methodological Issues in Human Rights Theory
4.1 On Being Faithful to the 'Practice': A Response to Nickel
The Concept of Human Rights: The Broad View
5.1 Human Rights in Context: A Comment on Sangiovanni
III. MORALITY AND LAW
Taking International Legality Seriously: A Methodology for Human Rights
6.1 Instrumentalism and Human Rights: A Response to Buchanan and Sreenivasan
The Turn to Justification: On the Structure and Domain of Human Rights Practice
7.1 Human Rights and Justification: A Reply to Mattias Kumm
Appreciating the Margin of Appreciation
8.1 The Margin of Appreciation Revisited: A Response to Føllesdal
IV. IDEALS AND THEIR LIMITS
Dwelling in Possibility: Ideals, Aspirations, and Human Rights
9.1 In What Sense Should Respect for Human Rights Be Attainable? A Response to Brownlee
The Nature of Violations of the Human Right to Subsistence
10.1 Remarks on Elizabeth Ashford's "The Nature of Violations of the Human Right to Subsistence"
V. THE CHALLENGES OF POLITICS
Reflections on Human Rights and Power
11.1 Reflections on Human Rights and Power: A Commentary
The Hazards of Rescue
12.1 The Politics of Humanitarian Morality: Reflections on "The Hazards of Rescue"
VI. INDIVIDUALS, BORDERS, AND GROUPS
Human Rights and Collective Self-Determination
13.1 Linking Self-Determination and Human Rights: A Comment on Peter Jones
Human Rights, Membership, and Moral Responsibility in an Unjust World: The Case of Immigration Restrictions
14.1 The Slippery Slope of Statist Cosmopolitanism: A Response to Levitov and Macedo
