Human Rights: Moral or Political?

Buch | Hardcover

520 Seiten

2018
Oxford University Press (Verlag)
978-0-19-871325-8 (ISBN)

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This volume is a collective study of the two leading conceptions of human rights: as natural moral rights that we have simply in virtue of being human, or as rights that play a distinctive role in modern politics. Each chapter is accompanied by a probing commentary; the authors are leading figures from philosophy, law, and political science

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it.

The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them?

This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights.

Adam Etinson is a Senior Lecturer in Philosophy at the University of St Andrews, where he is also Assistant Director of the Centre for Ethics, Philosophy, and Public Affairs (CEPPA). His articles have appeared in a wide range of academic journals, including The Australasian Journal of Philosophy, Utilitas, The Journal of Moral Philosophy, Political Theory, and Human Rights Quarterly. He has also written for popular audiences in The New York Times, The Times Literary Supplement, and Dissent.

Adam Etinson: Introduction
I. THE RELEVANCE OF HISTORY
1: Martti Koskenniemi: Rights, History, Critique
Annabel Brett: 1.1 Doing Without an Original: A Commentary on Martti Koskenniemi
2: Samuel Moyn: Human Rights in Heaven
John Tasioulas: 2.1 Philosophizing the Real World of Human Rights: A Reply to Samuel Moyn
Jeffrey Flynn: 2.2 Genealogies of Human Rights: What's at Stake?
II. THE ORTHODOX-POLITICAL DEBATE
3: Jeremy Waldron: Human Rights: A Critique of the Raz/Rawls Approach
Joseph Raz: 3.1 On Waldron's Critique of Raz on Human Rights
4: James W. Nickel: Assigning Functions to Human Rights: Methodological Issues in Human Rights Theory
Adam Etinson: 4.1 On Being Faithful to the 'Practice': A Response to Nickel
5: Andrea Sangiovanni: The Concept of Human Rights: The Broad View
Rainer Forst: 5.1 Human Rights in Context: A Comment on Sangiovanni
III. MORALITY AND LAW
6: Allen Buchanan & Gopal Sreenivasan: Taking International Legality Seriously: A Methodology for Human Rights
Erasmus Mayr: 6.1 Instrumentalism and Human Rights: A Response to Buchanan and Sreenivasan
7: Mattias Kumm: The Turn to Justification: On the Structure and Domain of Human Rights Practice
Samantha Besson: 7.1 Human Rights and Justification: A Reply to Mattias Kumm
8: Andreas Føllesdal: Appreciating the Margin of Appreciation
George Letsas: 8.1 The Margin of Appreciation Revisited: A Response to Føllesdal
IV. IDEALS AND THEIR LIMITS
9: Kimberley Brownlee: Dwelling in Possibility: Ideals, Aspirations, and Human Rights
Rowan Cruft: 9.1 In What Sense Should Respect for Human Rights Be Attainable? A Response to Brownlee
10: Elizabeth Ashford: The Nature of Violations of the Human Right to Subsistence
Daniel Weinstock: 10.1 Remarks on Elizabeth Ashford's "The Nature of Violations of the Human Right to Subsistence"
V. THE CHALLENGES OF POLITICS
11: Pablo Gilabert: Reflections on Human Rights and Power
Elizabeth Frazer: 11.1 Reflections on Human Rights and Power: A Commentary
12: C.A.J. Coady: The Hazards of Rescue
Vasuki Nesiah: 12.1 The Politics of Humanitarian Morality: Reflections on "The Hazards of Rescue"
VI. INDIVIDUALS, BORDERS, AND GROUPS
13: Peter Jones: Human Rights and Collective Self-Determination
Will Kymlicka: 13.1 Linking Self-Determination and Human Rights: A Comment on Peter Jones
14: Alex Levitov & Stephen Macedo: Human Rights, Membership, and Moral Responsibility in an Unjust World: The Case of Immigration Restrictions
Seyla Benhabib: 14.1 The Slippery Slope of Statist Cosmopolitanism: A Response to Levitov and Macedo

Erscheinungsdatum	24.04.2018
Verlagsort	Oxford
Sprache	englisch
Maße	164 x 241 mm
Gewicht	944 g
Themenwelt	Geisteswissenschaften ► Philosophie ► Allgemeines / Lexika
	Geisteswissenschaften ► Philosophie ► Ethik
	Sozialwissenschaften ► Politik / Verwaltung
ISBN-10	0-19-871325-8 / 0198713258
ISBN-13	978-0-19-871325-8 / 9780198713258
Zustand	Neuware