Critique Of Rights

Author : Christoph Menke
Publisher : Polity
ISBN 13 : 9781509520381
Total Pages : 0 pages
Book Rating : 4.84/5 ( download)

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Download or read book Critique of Rights written by Christoph Menke and published by Polity. This book was released on 2020-03-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern political revolutions since the 18th century have swept away traditional systems of domination by declaring that ‘all men are created equal’. This declaration of equal rights is a fundamental political act – it is the political act in which the political community creates itself in relation to traditional systems of domination. But because it was generally assumed that the subject of these rights is the individual human being, the political community was subordinated to the individual. Marx discerned, rightly, that this was the paradox at the heart of the declaration of the rights of man. But while Marx was right to highlight this paradox, his proposed solution does not provide us with a sound basis for overcoming it. In this major new work, Christoph Menke adopts a different approach: he argues that we can address and overcome this paradox only by embarking on a fundamental inquiry into the nature of rights. Rights are a specific configuration of normativity: to have a right is to have a justified and binding claim. But with the equal rights declared by modern revolutions, rights assumed a particular form: the normative claim to equality was combined with an assumption about the factual conditions of social life. In this conception, society is the realm of private individuals pursuing their interests, and private interests are therefore seen as the natural basis for politics – what Menke calls ‘the naturalization of the social’. By laying bare this conception which lies at the basis of political literalism and modern law, Menke is able to criticize and move beyond it, opening up a new way of understanding rights that no longer involves the disempowering of the political community. This radical critique of rights and of modern law is a major contribution to critical theory and legal theory and it will be of great interest to students and scholars in social and political theory, philosophy and law.

Author : Radha D'Souza
Publisher : Pluto Press (UK)
ISBN 13 : 9780745335407
Total Pages : 0 pages
Book Rating : 4.03/5 ( download)

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Download or read book What's Wrong with Rights? written by Radha D'Souza and published by Pluto Press (UK). This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions

Author : Timothy Dunne
Publisher : Cambridge University Press
ISBN 13 : 9780521641388
Total Pages : 362 pages
Book Rating : 4.81/5 ( download)

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Download or read book Human Rights in Global Politics written by Timothy Dunne and published by Cambridge University Press. This book was released on 1999-03-28 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a stark contradiction between the theory of universal human rights and the everyday practice of human wrongs. This timely volume investigates whether human rights abuses are a result of the failure of governments to live up to a universal human rights standard, or whether the search for moral universals is a fundamentally flawed enterprise which distracts us from the task of developing rights in the context of particular ethical communities. In the first part of the book chapters by Ken Booth, Jack Donnelly, Chris Brown, Bhikhu Parekh and Mary Midgley explore the philosophical basis of claims to universal human rights. In the second part, Richard Falk, Mary Kaldor, Martin Shaw, Gil Loescher, Georgina Ashworth and Andrew Hurrell reflect on the role of the media, global civil society, states, migration, non-governmental organisations, capitalism, and schools and universities in developing a global human rights culture.

Author : Rosa Freedman
Publisher : Routledge
ISBN 13 : 1135115141
Total Pages : 344 pages
Book Rating : 4.42/5 ( download)

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Download or read book The United Nations Human Rights Council written by Rosa Freedman and published by Routledge. This book was released on 2013-03-12 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Human Rights Council was created in 2006 to replace the UN Commission on Human Rights. The Council’s mandate and founding principles demonstrate that one of the main aims, at its creation, was for the Council to overcome the Commission’s flaws. Despite the need to avoid repeating its predecessor's failings, the Council’s form, nature and many of its roles and functions are strikingly similar to those of the Commission. This book examines the creation and formative years of the United Nations Human Rights Council and assesses the extent to which the Council has fulfilled its mandate. International law and theories of international relations are used to examine the Council and its functions. Council sessions, procedures and mechanisms are analysed in-depth, with particular consideration given to whether the Council has become politicised to the same extent as the Commission. Whilst remaining aware of the key differences in their functions, Rosa Freedman compares the work of the Council to that of treaty-based human rights bodies. The author draws on observations from her attendance at Council proceedings in order to offer a unique account of how the body works in practice. The United Nations Human Rights Council will be of great interest to students and scholars of human rights law and international relations, as well as lawyers, NGOs and relevant government agencies.

Author : Bernard E. Harcourt
Publisher : Columbia University Press
ISBN 13 : 0231551452
Total Pages : 730 pages
Book Rating : 4.58/5 ( download)

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Download or read book Critique and Praxis written by Bernard E. Harcourt and published by Columbia University Press. This book was released on 2020-08-11 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical philosophy has always challenged the division between theory and practice. At its best, it aims to turn contemplation into emancipation, seeking to transform society in pursuit of equality, autonomy, and human flourishing. Yet today’s critical theory often seems to engage only in critique. These times of crisis demand more. Bernard E. Harcourt challenges us to move beyond decades of philosophical detours and to harness critical thought to the need for action. In a time of increasing awareness of economic and social inequality, Harcourt calls on us to make society more equal and just. Only critical theory can guide us toward a more self-reflexive pursuit of justice. Charting a vision for political action and social transformation, Harcourt argues that instead of posing the question, “What is to be done?” we must now turn it back onto ourselves and ask, and answer, “What more am I to do?” Critique and Praxis advocates for a new path forward that constantly challenges each and every one of us to ask what more we can do to realize a society based on equality and justice. Joining his decades of activism, social-justice litigation, and political engagement with his years of critical theory and philosophical work, Harcourt has written a magnum opus.

Author : Justine Lacroix
Publisher : Cambridge University Press
ISBN 13 : 1108342701
Total Pages : 270 pages
Book Rating : 4.04/5 ( download)

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Download or read book Human Rights on Trial written by Justine Lacroix and published by Cambridge University Press. This book was released on 2018-05-31 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic analysis of the arguments made against human rights from the French Revolution to the present day. Through the writings of Edmund Burke, Jeremy Bentham, Auguste Comte, Louis de Bonald, Joseph de Maistre, Karl Marx, Carl Schmitt and Hannah Arendt, the authors explore the divergences and convergences between these 'classical' arguments against human rights and the contemporary critiques made both in Anglo-American and French political philosophy. Human Rights on Trial is unique in its marriage of history of ideas with normative theory, and its integration of British/North American and continental debates on human rights. It offers a powerful rebuttal of the dominant belief in a sharp division between human rights today and the rights of man proclaimed at the end of the eighteenth century. It also offers a strong framework for a democratic defence of human rights.

Author : Makau Mutua
Publisher : University of Pennsylvania Press
ISBN 13 : 0812204158
Total Pages : 266 pages
Book Rating : 4.55/5 ( download)

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Download or read book Human Rights written by Makau Mutua and published by University of Pennsylvania Press. This book was released on 2013-07-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1948 the United Nations adopted the Universal Declaration of Human Rights, and with it a profusion of norms, processes, and institutions to define, promote, and protect human rights. Today virtually every cause seeks to cloak itself in the righteous language of rights. But even so, this universal reliance on the rights idiom has not succeeded in creating common ground and deep agreement as to the scope, content, and philosophical bases for human rights. Makau Mutua argues that the human rights enterprise inappropriately presents itself as a guarantor of eternal truths without which human civilization is impossible. Mutua contends that in fact the human rights corpus, though well meaning, is a Eurocentric construct for the reconstitution of non-Western societies and peoples with a set of culturally biased norms and practices. Mutua maintains that if the human rights movement is to succeed, it must move away from Eurocentrism as a civilizing crusade and attack on non-European peoples. Only a genuine multicultural approach to human rights can make it truly universal. Indigenous, non-European traditions of Asia, Africa, the Pacific, and the Americas must be deployed to deconstruct—and to reconstruct—a universal bundle of rights that all human societies can claim as theirs.

Author : Sarah Joseph
Publisher : Oxford University Press
ISBN 13 : 0199565899
Total Pages : 362 pages
Book Rating : 4.94/5 ( download)

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Download or read book Blame it on the WTO? written by Sarah Joseph and published by Oxford University Press. This book was released on 2011-04-14 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO is often accused of not paying enough attention to human rights. This book weighs these criticisms and examines their validity, both from a legal and from political and economic points of views. It asks whether the WTO is under an obligation to construct a fairer trade system and discusses suggestions for reform.

Author : Charles R. Beitz
Publisher : Oxford University Press
ISBN 13 : 0199604371
Total Pages : 250 pages
Book Rating : 4.71/5 ( download)

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Download or read book The Idea of Human Rights written by Charles R. Beitz and published by Oxford University Press. This book was released on 2011-07-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Author : Duncan Kennedy
Publisher : Harvard University Press
ISBN 13 : 9780674039520
Total Pages : 436 pages
Book Rating : 4.21/5 ( download)

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Download or read book A Critique of Adjudication [fin de Sicle] written by Duncan Kennedy and published by Harvard University Press. This book was released on 2009-06-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.