Author: William Paul Simmons Publisher: Cambridge University Press ISBN: 113950326X Category : Philosophy Languages : en Pages : 269
Book Description
This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.
Author: David S. Weissbrodt Publisher: Edward Elgar Publishing ISBN: 9781849803922 Category : Human rights Languages : en Pages : 0
Book Description
This insightful volume addresses human rights from the perspective of those groups whose rights are especially vulnerable to abuse, with particular reference to stateless or internally-displaced persons, linguistic, cultural and sexual minorities and disabled people. Professor Weissbrodt and Professor Rumsey have brought together a comprehensive selection which elucidates the problems common to all vulnerable groups and provides a deeper understanding of their situation. In their original introduction the editors discuss the question of protecting group rights in international law and provide an authoritative overview of the issues raised. The volume will be an invaluable reference source for scholars and practitioners interested in human rights law and will also appeal to scholars in the fields of philosophy, human rights theory and disability studies.
Author: Anne Orford Publisher: Cambridge University Press ISBN: 1139460390 Category : Law Languages : en Pages : 401
Book Description
Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
Author: William Paul Simmons Publisher: University of Pennsylvania Press ISBN: 0812251016 Category : Political Science Languages : en Pages : 304
Book Description
In popular, legal, and academic discourses, the term "human rights" is now almost always discussed in relation to its opposite: human rights abuses. Syllabi, textbooks, and articles focus largely on victimization and trauma, with scarcely a mention of a positive dimension. Joy, especially, is often discounted and disregarded. William Paul Simmons asserts that there is a time and place—and necessity—in human rights work for being joyful. Joyful Human Rights leads us to challenge human rights' foundations afresh. Focusing on joy shifts the way we view victims, perpetrators, activists, and martyrs; and mitigates our propensity to express paternalistic or heroic attitudes toward human rights victims. Victims experience joy—indeed, it is often what sustains them and, in many cases, what best facilitates their recovery from trauma. Instead of reducing individuals merely to victim status or the tragedies they have experienced, human rights workers can help harmed individuals reclaim their full humanity, which includes positive emotions such as joy. A joy-centered approach provides new insights into foundational human rights issues such as motivations of perpetrators , trauma and survivorship, the work of social movements and activists, philosophical and historical origins of human rights, and the politicization of human rights. Many concepts rarely discussed in the field play important roles here, including social erotics, clowning, dancing, expressive arts therapy, posttraumatic growth, and the Buddhist terms metta (loving kindness) and mudita (sympathetic joy). Joyful Human Rights provides a new framework—one based upon a more comprehensive understanding of human experiences—for theorizing and practicing a more affirmative and robust notion of human rights.
Author: Yash Ghai CBE Publisher: Routledge ISBN: 1135236135 Category : Law Languages : en Pages : 281
Book Description
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
Author: Aaron Rhodes Publisher: Encounter Books ISBN: 1594039801 Category : Political Science Languages : en Pages : 271
Book Description
The idea of human rights began as a call for individual freedom from tyranny, yet today it is exploited to rationalize oppression and promote collectivism. How did this happen? Aaron Rhodes, recognized as “one of the leading human rights activists in the world” by the University of Chicago, reveals how an emancipatory ideal became so debased. Rhodes identifies the fundamental flaw in the Universal Declaration of Human of Rights, the basis for many international treaties and institutions. It mixes freedom rights rooted in natural law—authentic human rights—with “economic and social rights,” or claims to material support from governments, which are intrinsically political. As a result, the idea of human rights has lost its essential meaning and moral power. The principles of natural rights, first articulated in antiquity, were compromised in a process of accommodation with the Soviet Union after World War II, and under the influence of progressivism in Western democracies. Geopolitical and ideological forces ripped the concept of human rights from its foundations, opening it up to abuse. Dissidents behind the Iron Curtain saw clearly the difference between freedom rights and state-granted entitlements, but the collapse of the USSR allowed demands for an expanding array of economic and social rights to gain legitimacy without the totalitarian stigma. The international community and civil society groups now see human rights as being defined by legislation, not by transcendent principles. Freedoms are traded off for the promise of economic benefits, and the notion of collective rights is used to justify restrictions on basic liberties. We all have a stake in human rights, and few serious observers would deny that the concept has lost clarity. But no one before has provided such a comprehensive analysis of the problem as Rhodes does here, joining philosophy and history with insights from his own extensive work in the field.
Author: Cathryn Costello Publisher: Oxford University Press ISBN: 0198848633 Category : Law Languages : en Pages : 1337
Book Description
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Author: William Paul Simmons
Author: David S. Weissbrodt
Author: Anne Orford
Author: William Paul Simmons
Author: Yash Ghai CBE
Author: William Paul Simmons
Author: Devorah Wainer
Author: Aaron Rhodes
Author: Cathryn Costello
Author: Gil Loescher