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The Limits of Human Rights

The Limits of Human Rights

Author: Bardo Fassbender; Knut Traisbach
Publisher: Oxford University Press
ISBN: 9780198824763
Published In: November 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights.

Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights.

Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.

Introduction: A Ride on the Human Rights Bus, Bardo Fassbender and Knut Traisbach

Prologue: Limits and their Varieties, Henry J. Steiner

Part 1. Limits of Ideas, Limits of Communities: Paradigms and Biases

1: Humanity and the Claim to Self-Evidence, Lynn Hunt

2: The Self-Evidence of Human Rights: Origins and Limits of an Idea, Bardo Fassbender

3: Human Rights, Global Justice, and the Limits of Law, Kate Nash

4: Human Rights beyond the Double Bind of Sovereignty: A Response to Kate Nash, Mark Goodale

5: Emergencies and Human Rights: A Hobbesian Analysis, David Dyzenhaus

6: Reason, Faith, and Feelings: A Response to David Dyzenhaus, Conor Gearty

Part 2. Limits of Functions, Limits of Uses: Actors and Practices

7: Being a Realist about Human Rights, Christian Reus-Smit

8: Political Limits of International Human Rights: A Response (or a Rejoinder) to Christian Reus-Smit, Basak Çali

9: Human Rights Bodies and the Structure of Institutional Obligation, Jan Klabbers

10: Dissecting the Institution: A Response to Jan Klabbers, Rosa Freedman and Ruth Houghton

11: Differentiating Fundamental Rights and Economic Goals, Aryeh Neier

12: Advocating for Social and Economic Rights-Critical Perspectives: A Response to Aryeh Neier, Jeremy Perelman

Part 3. Limits of Scope, Limits of Recognition: The Case of Women's Rights

13: Between the Margins and the Mainstream: The Case of Women's Rights, Hilary Charlesworth and Christine Chinkin

14: Women's Rights are Human Rights: A Response to Hilary Charlesworth and Christine Chinkin from a Chinese Perspective, Bai Guimei

15: Women's Progress and Women's Human Rights, Martha C. Nussbaum

16: The Limits of Law: A Response to Martha C Nussbaum, Fareda Banda

Part 4. Limits of Pragmatism, Limits of Compromise: The Case of Armed Conflict

17: The Limits of the Laws of War, Frédéric Mégret

18: The Banality of Humanity (as an Absolute): A Response to Frédéric Mégret, Knut Traisbach

19: The Limits of Human Rights in Times of Armed Conflict and Other Situations of Armed Violence, Andrew Clapham

20: The End of the War/Peace Limit on the Application of International Human Rights Law: A Response to Andrew Clapham, Yuval Shany

Part 5. Limits of Prospects, Limits of Means: An Outlook

21: The Limits of Human Rights in a Moving World-Elements of a Dynamic Approach, Mireille Delmas-Marty

22: Where are the Limits of Human Rights? Four Schools, four Complementary Visions: A Response to Mireille Delmas-Marty, Marie-Bénédicte Dembour

23: Strategizing for Human Rights: From Ideals to Practice, Douglas A. Johnson and Kathryn Sikkink

24: Historical Strategies for Human Rights: A Response to Kathryn Sikkink and Douglas Johnson, Micheline Ishay

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