The Limits of Human Rights

Human Rights

The Limits of Human Rights

Edited by Bardo Fassbender · Knut Traisbach
Oxford University Press November 2019

Specifications

ISBN-13
9780198824763
Publisher
Oxford University Press
Publication
November 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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