Philosophical Foundations of Human Rights

Human Rights

Philosophical Foundations of Human Rights

Edited by Rowan Cruft · S. Matthew Liao · Massimo Renzo
Oxford University Press April 2015

Specifications

ISBN-13
9780199688630
Publisher
Oxford University Press
Publication
April 2015
Format
Paperback , 720 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

  • A multidisciplinary work featuring contributions from well known figures in their fields
  • Features comprehensive coverage of the central issues in the philosophy of human rights
  • Puts foward a variety of critical positions including deontological and teleological, 'political' and 'orthodox' positions

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.

Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Table of Contents

Rowan Cruft, S. Matthew Liao and Massimo Renzo: Introduction: the Philosophical Foundations of Human Rights
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 Alternatives31: 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

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.

Contributors: 
Rowan Cruft, University of Stirling
S. Matthew Liao, New York University
Massimo Renzo, University of Warwick
John Tasioulas, University College London
Onora O'Neill, University of Cambridge
Jeremy Waldron, New York University
A. John Simmons, University of Virginia
James W. Nickel, University of Miami
Zofia Stemplowska, University of Oxford
Carol Gould, University of New York
Pablo Gilabert, Concordia University
Joseph Raz, Columbia University Law School
David Miller, University of Oxford
Allen Buchanan, Duke University
David Luban, Georgetown University
Samantha Besson, University of Fribourg
Saladin Meckled-Garcia, University College London
George Letsas, University College London
Guglielmo Verdirame, Kings College London
Corey Brettschneider, Brown University
Larry Alexander, University of San Diego Law School
Lorenzo Zucca, Kings College London
Robert Audi, University of Notre Dame
Liora Lazarus, University of Oxford
Victor Tadros, University of Warwick
Thomas Christiano, University of Arizona
Fabienne Peter, University of Warwick
Jonathan Wolff, University College London
Kimberley Brownlee, University of Manchester
Elizabeth Ashford, University of St Andrews
Charles R. Beitz, Princeton University
James Griffin, University of Oxford 
Katrin Flikschuh, London School of Economics
Andrea Sangiovanni, Kings College London
Jiwei Ci, University of Hong Kong
Simon Hope, University of Stirling
Virginia Held, City University of New York
Susan Mendus, University of York

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