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Foskett on Compromise

Edited by: Hon Sir David Foskett, John Sorabji
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Lord Denning: Life, Law and Legacy



  


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 Jonathan Karas


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Collective Equality: Human Rights and Democracy in Ethno-National Conflicts


ISBN13: 9781316514825
Published: April 2023
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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Over the last decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in such places characterized by ethnically-based political exclusion and inequalities. By introducing the concept of 'collective equality' as a new theoretical basis for the law of peace this timely book proposes a new approach for dealing with the tensions between peace related arrangements and human rights. Through principled, pragmatic, and legal reasoning the book develops a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts and provides potent guidance for advancing justice and peace in such places.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction

Part I. Human Rights and Democracy in Deeply Divided Places:
2. The politics of ethno-national conflicts
3. The limits of partition
4. Limitations of human rights

Part II. Revisiting Assumptions:
5. Rethinking democracy
6. Human rights versus power-sharing

Part III. Collective Equality:
7. Collective equality: theoretical foundations for the law of peace
8. Collective equality and sustaining peace
9. Collective equality and international law
Conclusion