Philosophical Foundations of Human Rights

Philosophical Foundations of Human Rights

Philosophical Foundations of Human Rights

Philosophical Foundations of Human Rights

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Overview

What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.

Product Details

ISBN-13: 9780191002915
Publisher: OUP Oxford
Publication date: 04/30/2015
Series: Philosophical Foundations of Law
Sold by: Barnes & Noble
Format: eBook
Pages: 650
File size: 1 MB

About the Author

Rowan Cruft is a senior lecturer in the Department of Philosophy at the University of Stirling. He has published articles on the nature and justification of rights and duties, focusing on the relationship between rights, respect and individualism. His work aims to reveal the comparative importance of different forms of right including human rights, natural rights, contractual rights, property rights, legal rights. Massimo Renzo is an Associate Professor at the University of Warwick. His main research interests are in the problems of authority, political obligation, international justice and the philosophical foundations of the criminal law. He is co-editor, with R.A. Duff, Lindsay Farmer, Sandra Marshall and Victor Tadros, of the volumes The Constitutions of the Criminal Law (OUP 2010) and The Structures of the Criminal Law (OUP 2011). S. Matthew Liao is Director of the Bioethics Program and Affiliated Professor of Philosophy at New York University. He is also Editor-in-Chief for the Journal of Moral Philosophy. His research interests include ethics, epistemology, metaphysics, moral psychology, and bioethics.

Table of Contents

Human Rights' Foundations
1: John Tasioulas: On the Foundations of Human Rights
2: Onora O'Neill: Response to John Tasioulas
3: S. Matthew Liao: Human Rights as Fundamental Conditions for a Good Life
4: Rowan Cruft: From a Good Life to Human Rights: Some Complications
5: Jeremy Waldron: Is Dignity the Foundation of Human Rights?
6: A. John Simmons: Human Rights, Natural Rights, and Human Dignity
7: James W. Nickel: Personal Deserts and Human Rights
8: Zofia Stemplowska: Desert and Human Rights: Response to James W. Nickel
9: Carol Gould: A Social Ontology of Human Rights
10: Pablo Gilabert: Human Rights, Human Dignity, and Power
Human Rights in Law and Politics
11: Joseph Raz: Human Rights in the Emerging World Order
12: David Miller: Joseph Raz on Human Rights: A Critical Appraisal
13: Allen Buchanan: Why International Legal Human Rights?
14: David Luban: Response to Buchanan
15: Samantha Besson: Human Rights and Constitutional Law: Patterns of Mutual Validation and Legitimation
16: Saladin Meckled-Garcia: Response to Besson
17: George Letsas: Rescuing Proportionality
18: Guglielmo Verdirame: Response to Letsas
Canonical and Contested Human Rights
19: Corey Brettschneider: Free Speech as an Inverted Right and Democratic Persuasion
20: Larry Alexander: Free Speech and "Democratic Persuasion"
21: Lorenzo Zucca: Prince or Pariah? The place of Freedom of Religion in a system of International human rights
22: Robert Audi: Freedom of Religion Conceived as a Human Right
23: Liora Lazarus: The Right to Security
24: Victor Tadros: Rights and Security
25: Thomas Christiano: Self Determination and the Human Right to Democracy
26: Fabienne Peter: A Human Right to Democracy?
27: Jonathan Wolff: The Content of the Human Right to Health
28: Kimberley Brownlee: Do We have a Human Right to the Political Determinants of Health?
29: Elizabeth Ashford: A Moral Inconsistency Argument for a Basic Human Right to Subsistence
30: Charles R. Beitz: The Force of Subsistence Rights
Human Rights: Concerns and Alternatives
31: James Griffin: The Relativity and Ethnocentricity of Human Rights
32: Massimo Renzo: Human Needs, Human Rights, and Parochialism
33: Katrin Flikschuh: Human Rights in Kantian Mode: a Sketch
34: Andrea Sangiovanni: Why There Cannot Be A Truly Kantian Theory of Human Rights
35: Jiwei Ci: Liberty Rights and the Limits of Liberal Democracy
36: Simon Hope: Human Rights without the Human Good? A Reply to Ci
37: Virginia Held: Care and Human Rights
38: Susan Mendus: Care and Human Rights: A Reply to Virginia Held
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