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Political and Legal Approaches to Human Rights

Edited by: Tom Campbell, Kylie Bourne

ISBN13: 9781138744585
Published: November 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’ approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book.

At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.

Subjects:
Human Rights and Civil Liberties
Contents:
Preface

Part One: Approaches to Human Rights
Section One: Identifying Political Approaches
1. Tom Campbell, "Human Rights Morality and Human Rights Practice: an Interactive Approach."
2. Caroline West, "Human Rights for Non-Believers."
3. Duncan Ivison, "Taking Political Realism Seriously (and Rights too)."
4. Jovana Davidovic, "A Practical Account of the Concept of Human Rights."
5. Suzy Killmister, "Deriving Human Rights from Human Dignity: A Novel Political Approach."

Section Two: Critiquing Political Approaches
6. John Tasioulas, "Exiting the Hall of Mirrors: Morality and Law in Human Rights."
7. Denise Meyerson, "The Mismatch between Theory and Practice in the Political Account of Human Rights."
8. James Allan, "Human Rights, Doubts and Democracy."
9. Rowan Cruft, "The Individualism of Human Rights."
Part Two: Applications of Human Rights

Section Three: Economics and Human Rights
10. Octavio Ferraz, "Two Conceptions of Social and Economic Rights."
11. David Kinley, "The Political Economy of Financing Human Rights."
12. Zofia Stemplowska, "The Claimability of Economic Human Rights."

Section Four: Beyond the State?
13. Sonu Bedi, "Domestic Violence: the Absence of Horizontal Effect in Human Rights Law."
14. Seumas Miller, "The Right to Self-Defence: A Natural or Political Right?"
15. Kylie Bourne, "Beitz's Two Level Model: Human Rights and Statelessness."
16. Laura Valentini, "Human Rights, the Political View and Trans National Corporations."

Conclusion