Philosophical Foundations of Human Rights

Administrative / Constitutional Law › Human Rights

Philosophical Foundations of Human Rights

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

Specifications

ISBN-13
9780199688623
Publisher
Oxford University Press
Publication
May 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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 focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the relationship between moral groundings in human rights law and politics.

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The essays represent new and canonical research by leading scholars in the field. Each section comprises of a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question, with an introduction from the editors to guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.

Table of Contents

Introduction: the Philosophical Foundations of Human Rights

HUMAN RIGHTS' FOUNDATIONS
1. On the Foundations of Human Rights
2. Response to John Tasioulas
3. Human Rights as Fundamental Conditions for a Good Life
4. From a Good Life to Human Rights: Some Complications
5. Is Dignity the Foundation of Human Rights?
6. Human Rights, Natural Rights, and Human Dignity
7. Personal Deserts and Human Rights
8. Desert and Human Rights: Response to James W. Nickel
9. A Social Ontology of Human Rights
10. Human Rights, Human Dignity, and Power

HUMAN RIGHTS IN LAW AND POLITICS
11. Human Rights in the Emerging World Order
12. Joseph Raz on Human Rights: A Critical Appraisal
13. Why International Legal Human Rights?
14. Response to Buchanan
15. Human Rights and Constitutional Law: Patterns of Mutual Validation and Legitimation
16. Response to Besson
17. Rescuing Proportionality
18. Response to Letsas

CANONICAL AND CONTESTED HUMAN RIGHTS
19. Free Speech as an Inverted Right and Democratic Persuasion
20. Free Speech and "Democratic Persuasion"
21. Prince or Pariah? The place of Freedom of Religion in a system of International human rights
22. Freedom of Religion Conceived as a Human Right
23. The Right to Security
24. Rights and Security
25. Self Determination and the Human Right to Democracy
26. A Human Right to Democracy?
27. The Content of the Human Right to Health
28. Do We have a Human Right to the Political Determinants of Health?
29. A Moral Inconsistency Argument for a Basic Human Right to Subsistence

HUMAN RIGHTS: CONCERNS AND ALTERNATIVES
30. The Force of Subsistence Rights
31. The Relativity and Ethnocentricity of Human Rights
32. Human Needs, Human Rights, and Parochialism
33. Human Rights in Kantian Mode: a Sketch
34. Why There Cannot Be A Truly Kantian Theory of Human Rights
35. Liberty Rights and the Limits of Liberal Democracy
36. Human Rights without the Human Good? A Reply to Ci
37. Care and Human Rights
38. Care and Human Rights: A Reply to Virginia Held
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