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.


Thinking About Clinical Legal Education

Thinking About Clinical Legal Education

Author: Omar Madhloom

Publisher: Routledge

Published: 2021-11-25

Total Pages: 225

ISBN-13: 1000452972

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Thinking About Clinical Legal Education provides a range of philosophical and theoretical frameworks that can serve to enrich the teaching and practice of Clinical Legal Education (CLE). CLE has become an increasingly common feature of the curriculum in law schools across the globe. However, there has been relatively little attention paid to the theoretical and philosophical dimensions of this approach. This edited collection seeks to address this gap by bringing together contributions from the clinical community, to analyse their CLE practice using the framework of a clearly articulated philosophical or theoretical approach. Contributions include insights from a range of jurisdictions including: Brazil, Canada, Croatia, Ethiopia, Israel, Spain, UK and the US. This book will be of interest to CLE academics and clinic supervisors, practitioners, and students.


Tax, Inequality, and Human Rights

Tax, Inequality, and Human Rights

Author: Philip Alston

Publisher: Oxford University Press

Published: 2019-04-11

Total Pages: 609

ISBN-13: 0190882247

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In Tax, Inequality, and Human Rights, experts in human rights law and in tax law debate the linkages between the two fields and highlight how each can help to tackle rapidly growing inequality in the economic, social, and political realms. Against a backdrop of systemic corporate tax avoidance, widespread use of tax havens, persistent pressures to embrace austerity policies, and growing gaps between the rich and poor, this book encourages readers to understand fiscal policy as human rights policy, and thus as having profound consequences for the well-being of citizens around the world. Prominent scholars and practitioners examine how the foundational principles of tax law and human rights law intersect and diverge; discuss the cross-border nature and human rights impacts of abusive practices like tax avoidance and evasion; question the reluctance of states to bring transparency and accountability to tax policies and practices; highlight the responsibility of private sector actors for shaping and misshaping tax laws; and critically evaluate domestic tax rules through the lens of equality and nondiscrimination. The contributing authors also explore how international human rights obligations should influence the framework for both domestic and international tax reforms. They address what human rights law requires of state tax policies and how tax laws and loopholes affect the enjoyment of human rights by people outside a state's borders. Because tax and human rights both turn on the relationship between the individual and the state, neo-liberalism's erosion of the social contract threatens to undermine them both.


International Development Law

International Development Law

Author: Rumu Sarkar

Publisher: Oxford University Press

Published: 2009-10-29

Total Pages: 504

ISBN-13: 0195398289

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This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture.


Armed Non-State Actors in International Humanitarian and Human Rights Law

Armed Non-State Actors in International Humanitarian and Human Rights Law

Author: Konstantinos Mastorodimos

Publisher: Taylor & Francis

Published: 2017-05-15

Total Pages: 302

ISBN-13: 1134800541

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The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.


Debating Human Rights in China

Debating Human Rights in China

Author: Marina Svensson

Publisher: Rowman & Littlefield Publishers

Published: 2002-05-14

Total Pages: 402

ISBN-13: 0742576361

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Tracing the concept of human rights in Chinese political discourse since the late Qing dynasty, this comprehensive history convincingly demonstrates that—contrary to conventional wisdom—there has been a vibrant debate on human rights throughout the twentieth century. Drawing on little-known sources, Marina Svensson argues that the concept of human rights was invoked by the Chinese people well before the adoption of the Universal Declaration of Human Rights in 1948, and that it has continued to have strong appeal after 1949, both in Taiwan and on the mainland. These largely forgotten debates provide important perspectives on and contrasts to the official PRC line. The author gives particular attention to the issues of power and agency in describing the widely divergent views of official spokespersons, establishment intellectuals, and dissidents. Until quite recently the PRC dismissed human rights as a bourgeois slogan. Yet the globalization of human rights and the growing importance of the issue in bilateral and multilateral relations have forced the regime to embrace, or rather appropriate, the language of human rights, an appropriation that continues to be vigorously challenged by dissidents at home and abroad. By exploring the relationship between domestic and international human rights discourses, this study offers new insights not only into the Chinese but also into the Western human rights debate. Students and scholars of China and of human rights will find this work an important tool for understanding one of the great issues of our time.


Routledge Handbook of Human Rights and Climate Governance

Routledge Handbook of Human Rights and Climate Governance

Author: Sébastien Duyck

Publisher: Routledge

Published: 2018-02-15

Total Pages: 469

ISBN-13: 1315312557

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Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.