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Law in Context: Who Believes in Human Rights

Law in Context: Who Believes in Human Rights Reflections on the European Convention

Name: Law in Context: Who Believes in Human Rights
Brand: Cambridge University Press
SKU: 9780521683074
Price: 806.91 HKD
Availability: OutOfStock
Author: Dembour-Marie-Benedicte
ISBN: 9780521683074

By Dembour-Marie-Benedicte

Cambridge University Press September 2006

Specifications

ISBN-13: 9780521683074
Publisher: Cambridge University Press
Publication: September 2006
Format: Paperback
Jurisdiction: Europe ? Countri(es) for reference only

Details

Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy.

Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

Contents:: Table of cases; 1. Introduction; 2. The Convention in outline; 3. The Convention in a realist light; 4. The Convention in a utilitarian light; 5. The Convention in a Marxist light; 6. The Convention in a particularist light; 7. The Convention in a feminist light; 8. The human rights creed in four schools; 9. Conclusion: In praise of human rights nihilism; Appendices; Select bibliography; Index .