Individual Duty within a Human Rights Discourse

Individual Duty within a Human Rights Discourse

Author: Douglas Hodgson

Publisher: Routledge

Published: 2017-03-02

Total Pages: 428

ISBN-13: 1351927825

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Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy, jurisprudence, religion, and ethics. The author attempts to demonstrate that a greater emphasis upon individual duties is consistent with a cultural relativist critique, natural law theory, the experience of national legal systems and regional human rights systems, certain socio-political philosophies and conventional sociological postulates, and the dictates of good public policy. The author urges the assignment of a greater, indeed revived, role for the principle of individual duty in order to achieve a more salutary balance between rights and duties and in the relationship between individual freedom and the welfare of the general community.


Human Duties and the Limits of Human Rights Discourse

Human Duties and the Limits of Human Rights Discourse

Author: Eric R. Boot

Publisher: Springer

Published: 2017-10-24

Total Pages: 189

ISBN-13: 3319669575

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This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University


The Concept of Human Dignity in Human Rights Discourse

The Concept of Human Dignity in Human Rights Discourse

Author: David Kretzmer

Publisher: BRILL

Published: 2021-08-04

Total Pages: 323

ISBN-13: 9004478191

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The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.


Human Rights Discourse in North Korea

Human Rights Discourse in North Korea

Author: Jiyoung Song

Publisher: Routledge

Published: 2010-12-16

Total Pages: 334

ISBN-13: 1136853146

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This unique book examines the conceptual development of human rights in North Korea from historical, political and cultural perspectives. Dr Jiyoung Song explains how North Korea has understood the concepts of human rights in its public documents since its independence from Japan in 1945. Through active campaigns and international criticism, foreign governments and non-governmental organisations outside North Korea have made numerous allegations of human rights violations. On the other hand, the efforts to engage with North Korea in order to improve the human rights situation through humanitarian assistance and to understand how North Koreans interpret human rights are often overshadowed by "naming and shaming" and "push-until-it-collapses" approaches. Using close readings and analyses of the collected works of Kim Il Sung and Kim Jong Il, North Korea’s official newspaper, Rodong Sinmun, as well interviews with North Korean defectors and diplomats in South Korea, China and Europe, Dr Song gives thought-provoking and highly debatable accounts for the historically post-colonial, politically Marxist and culturally Confucian elements of North Korean rights thinking. As a piece of research on a nation shrouded in mystery this book will be essential reading for anyone researching human rights issues, Asian politics and international relations.


Human Dignity and Human Rights

Human Dignity and Human Rights

Author: Pablo Gilabert

Publisher:

Published: 2018

Total Pages: 362

ISBN-13: 0198827229

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This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights, thus enabling us to defend human rights as the urgent ethical and political project that puts humanity first.


Reconciling Law and Morality in Human Rights Discourse

Reconciling Law and Morality in Human Rights Discourse

Author: Willy Moka-Mubelo

Publisher: Springer

Published: 2016-12-13

Total Pages: 212

ISBN-13: 3319494961

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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.


On Human Rights

On Human Rights

Author: James Griffin

Publisher: OUP Oxford

Published: 2008-02-14

Total Pages: 355

ISBN-13: 0191553506

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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.


Human Rights

Human Rights

Author: David Kinley

Publisher: Edward Elgar Publishing

Published: 2013-11-29

Total Pages: 275

ISBN-13: 1781002754

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Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos