Grounding Human Rights in a Pluralist World

Grounding Human Rights in a Pluralist World

Author: Grace Y. Kao

Publisher: Georgetown University Press

Published: 2011-03-16

Total Pages: 249

ISBN-13: 1589017609

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In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights which declared that every human being, without “distinction of any kind,” possesses a set of morally authoritative rights and fundamental freedoms that ought to be socially guaranteed. Since that time, human rights have arguably become the cross-cultural moral concept and evaluative tool to measure the performance—and even legitimacy—of domestic regimes. Yet questions remain that challenge their universal validity and theoretical bases. Some theorists are ”maximalist” in their insistence that human rights must be grounded religiously, while an opposing camp attempts to justify these rights in “minimalist” fashion without any necessary recourse to religion, metaphysics, or essentialism. In Grounding Human Rights in a Pluralist World, Grace Kao critically examines the strengths and weaknesses of these contending interpretations while also exploring the political liberalism of John Rawls and the Capability Approach as proposed by economist Amartya Sen and philosopher Martha Nussbaum. By retrieving insights from a variety of approaches, Kao defends an account of human rights that straddles the minimalist–maximalist divide, one that links human rights to a conception of our common humanity and to the notion that ethical realism gives the most satisfying account of our commitment to the equal moral worth of all human beings.


Human Rights in a Pluralist World

Human Rights in a Pluralist World

Author: J. Berting

Publisher:

Published: 1990

Total Pages: 288

ISBN-13:

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Based on two international conferences on human rights (sponsored, in part, by UNESCO): the first was held in Maastricht, the Netherlands, Sept. 1987; the second in Middleburg, the Netherlands, June 1988. The major objective of the conferences was to undertake a systematic analysis of the title topic in order to increase understanding of the issues in different cultural, religious, and socioeconomic contexts. The 21 contributions are not indexed, nor is a coherent bibliography provided. Annotation copyrighted by Book News, Inc., Portland, OR


In Defense of Human Rights

In Defense of Human Rights

Author: Ari Kohen

Publisher: Routledge

Published: 2007-03-06

Total Pages: 410

ISBN-13: 1134110359

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The argument that religion provides the only compelling foundation for human rights is both challenging and thought-provoking and answering it is of fundamental importance to the furthering of the human rights agenda. This book establishes an equally compelling non-religious foundation for the idea of human rights, engaging with the writings of many key thinkers in the field, including Michael J. Perry, Alan Gewirth, Ronald Dworkin and Richard Rorty. Ari Kohen draws on the Universal Declaration of Human Rights as a political consensus of overlapping ideas from cultures and communities around the world that establishes the dignity of humans and argues that this dignity gives rise to collective human rights. In constructing this consensus, we have succeeded in establishing a practical non-religious foundation upon which the idea of human rights can rest. In Defense of Human Rights will be of interest to students and scholars of political theory, philosophy, religious studies and human rights.


Christianity and Human Rights

Christianity and Human Rights

Author: John Witte, Jr

Publisher: Cambridge University Press

Published: 2010-12-23

Total Pages: 403

ISBN-13: 1139494112

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Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.


The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Oxford University Press, USA

Published: 2020-09-24

Total Pages: 1133

ISBN-13: 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--


Beyond Constitutionalism

Beyond Constitutionalism

Author: Nico Krisch

Publisher: Oxford University Press, USA

Published: 2010-10-28

Total Pages: 383

ISBN-13: 0199228310

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Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.


Global Legal Pluralism

Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 357

ISBN-13: 1107376912

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.


Reconstructing Human Rights

Reconstructing Human Rights

Author: Joe Hoover

Publisher: Oxford University Press

Published: 2016

Total Pages: 259

ISBN-13: 0198782802

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We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology.


If God Were a Human Rights Activist

If God Were a Human Rights Activist

Author: Boaventura de Sousa Santos

Publisher: Stanford University Press

Published: 2015-04-29

Total Pages: 153

ISBN-13: 0804795037

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We live in a time when the most appalling social injustices and unjust human sufferings no longer seem to generate the moral indignation and the political will needed both to combat them effectively and to create a more just and fair society. If God Were a Human Rights Activist aims to strengthen the organization and the determination of all those who have not given up the struggle for a better society, and specifically those that have done so under the banner of human rights. It discusses the challenges to human rights arising from religious movements and political theologies that claim the presence of religion in the public sphere. Increasingly globalized, such movements and the theologies sustaining them promote discourses of human dignity that rival, and often contradict, the one underlying secular human rights. Conventional or hegemonic human rights thinking lacks the necessary theoretical and analytical tools to position itself in relation to such movements and theologies; even worse, it does not understand the importance of doing so. It applies the same abstract recipe across the board, hoping that thereby the nature of alternative discourses and ideologies will be reduced to local specificities with no impact on the universal canon of human rights. As this strategy proves increasingly lacking, this book aims to demonstrate that only a counter-hegemonic conception of human rights can adequately face such challenges.


Relativism and Human Rights

Relativism and Human Rights

Author: Claudio Corradetti

Publisher: Springer Science & Business Media

Published: 2009-04-15

Total Pages: 181

ISBN-13: 140209986X

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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.