Personal Freedom Through Human Rights Law? PDF Download

Author: Emilio Santoro
Publisher: Springer Science & Business Media
ISBN: 9401708231
Category : Philosophy
Languages : en
Pages : 306

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Book Description
For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external 'pressures'.

Author: Jill Marshall
Publisher: BRILL
ISBN: 9004170596
Category : Law
Languages : en
Pages : 245

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Book Description
By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Author: Ken Gemes
Publisher: Oxford University Press, USA
ISBN: 0199231567
Category : Language Arts & Disciplines
Languages : en
Pages : 293

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Book Description
Nietzsche is a central figure in our modern understanding of the individual as freely determining his or her own values. These essays by leading Nietzsche scholars investigate what this freedom really means: How free are we really? What does it take to be free? It might be a 'right', but it also needs to be earned.

Author: Marc Jonathan Blitz
Publisher: Springer Nature
ISBN: 3030844943
Category : Psychology
Languages : en
Pages : 317

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Book Description
Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.

Author: Adrienne Stone
Publisher: Oxford University Press, USA
ISBN: 019882758X
Category : Law
Languages : en
Pages : 609

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Book Description
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.

Author: James Griffin
Publisher: OUP Oxford
ISBN: 0191623415
Category : Philosophy
Languages : en
Pages : 360

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Book Description
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

Author: Sebastiano Bavetta
Publisher: Cambridge University Press
ISBN: 1139992597
Category : Political Science
Languages : en
Pages : 255

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Book Description
This book is about the relationship between different concepts of freedom and happiness. The book's authors distinguish three concepts for which an empirical measure exists: opportunity to choose (negative freedom), capability to choose (positive freedom), and autonomy to choose (autonomy freedom). They also provide a comprehensive account of the relationship between freedom and well-being by comparing channels through which freedoms affect quality of life. The book also explores whether the different conceptions of freedom complement or replace each other in the determination of the level of well-being. In so doing, the authors make freedoms a tool for policy making and are able to say which conception is the most effective for well-being, as circumstances change. The results have implications for a justification of a free society: maximizing freedoms is good for its favorable consequences upon individual well-being, a fundamental value for the judgment of human advantage.

Author: Robert Young
Publisher: Routledge
ISBN: 135178773X
Category : Philosophy
Languages : en
Pages : 185

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Book Description
The concept of personal autonomy is central to discussions about democratic rights, personal freedom and individualism in the marketplace. This book, first published in 1986, discusses the concept of personal autonomy in all its facets. It charts historically the discussion of the concept by political thinkers and relates the concept of the autonomy of the individual to the related discussion in political thought about the autonomy of states. It argues that defining personal autonomy as freedom to act without external constraints is too narrow and emphasises instead that personal autonomy implies individual self-determination in accordance with a chosen plan of life. It discusses the nature of personal autonomy and explores the circumstances in which it ought to be restricted. In particular, it argues the need to restrict the economic autonomy of the individual in order to promote the value of community.

Author: Joshua B. Forrest
Publisher: Rowman & Littlefield
ISBN: 153815451X
Category : Political Science
Languages : en
Pages : 589

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Book Description
Local Autonomy as a Human Right contends that local communities struggle to preserve their territorial autonomy over time despite changes to the broader political and geographic contexts within which they are embedded. Forrest argues that this both reflects and is evidence of a worldwide embrace of local control as a key political and social value, indeed, of such importance that it should be embraced and codified as a human right. This study weaves together evidence grounded in a variety of disciplines - history, geography, comparative politics, sociology, public policy, anthropology, international jurisprudence, rural studies, urban studies -- to make clear that a presumed, inherent moral right to local self-determination has been manifested in many different historical and social contexts. This book constructs a compelling argument favoring a human right to local autonomy. It identifies practical factors that help to account for the relative success of communities that are able to assert local control over time. Here, particular attention is paid to whether localities are able to generate policy and organizational capacity. Forrest suggests that a focus on local policy and organizational capacity can help to explain why some communities attempting to assert greater local control are more successful than others. Local Autonomy as a Human Right contributes to scholarly debates regarding the varied impacts of globalization, with the place-based perspective and moral emphasis on territorial-centered rights put forth herein offering a necessary counter-narrative to the often-presumed predominance of global forces.

Author: Moises Lino e Silva
Publisher: Taylor & Francis
ISBN: 1317415493
Category : Social Science
Languages : en
Pages : 204

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Book Description
‘Freedom’ is one of the most fiercely contested words in contemporary global experience. This book provides an up-to-date overview from an anthropological perspective of the diverse ways in which freedom is understood and practised in everyday life, including the emergent relationships between governance, autonomy and liberty. The contributors offer a wealth of ethnographic insight from a variety of geographic, cultural and political contexts. Taken together the essays constitute a radical challenge to assumptions about what freedom means in today’s world.