The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future. The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
The purpose of this book is to advance responsible rehabilitation of the speculative philosophy of history. It challenges the idea popularized by thinkers such as and Claude Lévi-Strauss and Jean-François Lyotard that historical meta-mythology and meta-narrative are philosophically obsolete. As long as humanity, viewed anthropologically, lives by over-arching narrative, the quest for a version that survives rational criticism remains vital. Here human rights serve as the key to unlock such a version. Despite the fact that the Hegelian philosophy of history has often been derided, something very similar currently functions as the official ideology of the world community: the idea of history as the story of freedom. This book does not retell the world-historical story of freedom. Rather, it uncovers it, beginning with the current age of human rights and working backward through the great role-model civilizations of history. Its conclusion is that a forward retelling of the story of freedom as the story of human rights can be justified by dewesternizing the story. The book contains critical responses from specialized scholars and re-presentative of selected world cultures. The volume includes illustrations, and a guest Afterword by Donald Phillip Verene. It is a companion-volume to the author's Hegel's Logic: Between History and Dialectic (North-western University Press, 1996).
This Handbook is based on the conviction of its editors and contributing authors that understanding and acceptance of, as well as collaboration between religions has essential educational value. The development of this Handbook rests on the f- ther assumption that interreligious education has an important role in elucidating the global demand for human rights, justice, and peace. Interreligious education reveals that the creeds and holy books of the world’s religions teach about sp- itual systems that reject violence and the individualistic pursuit of economic and political gain, and call their followers to compassion for every human being. It also seeks to lead students to an awareness that the followers of religions across the world need to be, and to grow in, dialogical relationships of respect and understa- ing. An essential aim of interreligious education is the promotion of understanding and engagement between people of different religions and, therefore, it has great potential to contribute to the common good of the global community. Interreligious education has grown from the interfaith movement, whose beg- ning is usually identi?ed with the World Parliament of Religions held in Chicago in 1893. This was the ?rst time in history that leaders of the eastern and we- ern religions had come together for dialogue, and to consider working together for global unity.
This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.
In Hiding from History, Meili Steele challenges an assumption at the heart of current debates in political, literary, historical, and cultural theory: that it is impossible to reason through history. Steele believes that two influential schools of contemporary thought "hide from history": liberal philosophies of public reason as espoused by such figures as Jürgen Habermas, Martha Nussbaum, and John Rawls and structuralism/poststructuralism as practiced by Judith Butler, Hayden White, and Michel Foucault. For Steele, public reasoning cannot be easily divorced from either the historical imagination in general or the specific legacies that shape, and often haunt, political communities.Steele introduces the concept of public imagination--concepts, images, stories, symbols, and practices of a culture--to show how the imaginative social space that citizens inhabit can be a place for political discourse and debate. Steele engages with a wide range of thinkers and their works, as well as historical events: debates over the display of the Confederate flag in public places; Ralph Ellison's exchange with Hannah Arendt over school desegregation in Little Rock; the controversy surrounding Daniel Goldhagen's book, Hitler's Willing Executioners; and arguments about the concept of a "clash of civilizations" as expressed by Samuel Huntington, Ashis Nandy, Edward Said, and Amartya Sen. Championing history and literature's capacity to articulate the politics of public imagination, Hiding from History boldly outlines new territory for literary and political theory.
This book is the first analysis of parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense. It contains the proceedings of a workshop on Parental Care and the Best Interests of the Child in Muslim Countries that the Max Planck Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” hosted in Rabat, Morocco in April 2015. This workshop saw a total of 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child. Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law. With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action. Nadjma Yassari is Director of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” while Lena- Maria Möller and Imen Gallala-Arndt are Senior Research Fellows at the Max Planck Institute for Comparative and International Private Law in Hamburg and the Max Planck Institute for Social Anthropology in Halle respectively.
The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.
