What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
First published in 1985. In this study, Donnelly distinguishes between "having a right" and "being right" and elaborates the distinction with great subtlety to show that rights have to be understood as action and not as a possession. This is done with such clarity and good sense that he is able to cast light on all aspects of the often confusing discussions of the natures and usages of "right". He illuminates an astonishing range of issues, from the limitations of Thomist and utilitarian conceptions of right to the confusions of many present-day defenders of rights, both in the West and the Third World. As importantly, Donnelly is centrally concerned with the human aspect of "human rights". He is thus able to rest his discussion of rights on a plausible philosophical anthropology as well as an appreciation of an historical dimension to human rights, and, at the end of his book, is able to open the door towards potential new developments in the discussion of human rights. Down the path he points us lies a reconciliation of the notion of individual rights with that of political community. This title will be of great interest to students of politics and philosophy.
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
"The rights of women, refugees, child laborers, and political prisoners are among the issues debated in this collection of articles and essays ... Contributors from many sides include Hillary Rodham Clinton, Midge Decter, Katha Pollitt, Jimmy Carter, Amnesty International, and the China Internet Information Center ... There are fine bibliographies to stiumulate students' further reading." Booklist.
"The essays in this book have also been published, without introduction and index, in the semiannual journal Social philosophy & policy, volume 22, number 1"--T.p. verso. Includes bibliographical references and index.
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 is an important issue in contemporary politics, and the last few decades have also seen a remarkable increase in research and teaching on the subject. This book introduces students to the study of human rights and aims to build on their interest while simultaneously offering an alternative vision of the subject. Many texts focus on the theoretical and legal issues surrounding human rights. This book adopts a substantially different approach which uses empirical data derived from research on human rights by political scientists to illustrate the occurrence of different types of human rights violations across the world. The authors devote attention to rights as well as to responsibilities, neither of which stops at one country's political borders. They also explore how to deal with repression and the aftermath of human rights violations, making students aware of the prospects for and realities of progress.
1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.
The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.
