Individual Duty within a Human Rights Discourse, Hodgson
Автор: Moka-Mubelo Название: Reconciling Law and Morality in Human Rights Discourse ISBN: 3319494953 ISBN-13(EAN): 9783319494951 Издательство: Springer Рейтинг: Цена: 83850.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Автор: Eric R. Boot Название: Human Duties and the Limits of Human Rights Discourse ISBN: 3319669567 ISBN-13(EAN): 9783319669564 Издательство: Springer Рейтинг: Цена: 83850.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite.
Автор: Khor Название: Human Rights Discourse in a Global Network ISBN: 1138268798 ISBN-13(EAN): 9781138268791 Издательство: Taylor&Francis Рейтинг: Цена: 54090.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In her innovative study of human rights discourse, Lena Khor takes up the prevailing concern by scholars who charge that the globalization of human rights discourse is becoming yet another form of cultural, legal, and political imperialism imposed from above by an international human rights regime based in the Global North. To counter these charges, she argues for a paradigmatic shift away from human rights as a hegemonic, immutable, and ill-defined entity toward one that recognizes human rights as a social construct comprised of language and of language use. She proposes a new theoretical framework based on a global discourse network of human rights, supporting her model with case studies that examine the words and actions of witnesses to genocide (Paul Rusesabagina) and humanitarian organizations (Doctors Without Borders). She also analyzes the language of texts such as Michael Ondaatje's Anil's Ghost. Khor's idea of a globally networked structure of human rights discourse enables actors (textual and human) who tap into or are linked into this rapidly globalizing system of networks to increase their power as speaking subjects and, in so doing, to influence the range of acceptable meanings and practices of human rights in the cultural sphere. Khor's book is a unique and important contribution to the study of human rights in the humanities that revitalizes viable notions of agency and liberatory network power in fields that have been dominated by negative visions of human capacity and moral action.
Автор: Alberts Название: Shamanism, Discourse, Modernity ISBN: 1138548812 ISBN-13(EAN): 9781138548817 Издательство: Taylor&Francis Рейтинг: Цена: 50010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Shamanism, Discourse, Modernity considers indigenous peoples’ struggles for human rights, anxieties about anthropocentric mastery of nature, neoliberal statecraft, and entrepreneurialism of the self. The book focuses on four domains - shamanism, indigenism, environmentalism and neoliberalism - in terms of interrelated historical processes and overlapping discourses. In doing so, it engages with shamanism’s manifold meanings in a world increasingly sensitive to indigenous peoples’ practices of territoriality, increasingly concerned about humans’ integral relationship with natural environments, and increasingly encouraged and coerced to adjust self-conduct to comport with and augment government conduct.
Автор: Lena Khor Название: Human Rights Discourse in a Global Network: Books beyond Borders ISBN: 1409431177 ISBN-13(EAN): 9781409431176 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Rather than viewing human rights as an immutable and ill-defined entity, Khor argues for the recognition of human rights as a social construct comprised of language and language use. Her case studies of Doctors Without Borders, Paul Rusesabagina and Hotel Rwanda.
Автор: Clapham Andrew Название: Human Rights: A Very Short Introduction ISBN: 0198706162 ISBN-13(EAN): 9780198706168 Издательство: Oxford Academ Рейтинг: Цена: 8350.00 T Наличие на складе: Есть Описание: What are our human rights? What are their philosophical justifications and historical origins? Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this Very Short Introduction discusses the controversies and complexities behind these vitally relevant issues.
Автор: Aerschot Название: Activation Policies and the Protection of Individual Rights ISBN: 1138268135 ISBN-13(EAN): 9781138268135 Издательство: Taylor&Francis Рейтинг: Цена: 53070.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Activation Policies and the Protection of Individual Rights centers on the embedded nature of social policy within the broader legal system, whilst looking at the significance of human rights within social welfare. Its findings make noteworthy reading for sociologists within a variety of fields as well as those primarily concerned with social policy and welfare.
Автор: Esther Erlings Название: Religious Rights within the Family: From Coerced Manifestation to Dispute Resolution in France, England and Hong Kong ISBN: 1138052183 ISBN-13(EAN): 9781138052185 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Невозможна поставка. Описание: It is often asserted that `A Family that Prays Together, Stays Together`. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion.
Автор: Gabriel Cardona-Fox Название: Exile within Borders: A Global Look at Commitment to the International Regime to Protect Internally Displaced Persons ISBN: 9004375554 ISBN-13(EAN): 9789004375550 Издательство: Brill Цена: 175330.00 T Наличие на складе: Невозможна поставка. Описание: Twenty years after the introduction of the UN Guiding Principles for the Protection of Internally Displaced Persons , very little is known about their effectiveness in altering state behavior towards their displaced populations. In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia’s evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines. Exile Within Borders fills an important gap in the literature and moves the debate over the regime’s effectiveness beyond anecdotal evidence.
Автор: Tam Mai Название: Human Trafficking As A Brand Within The Framework of Human Rights: Case Studies in the United States ISBN: 1680530259 ISBN-13(EAN): 9781680530254 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 66840.00 T Наличие на складе: Невозможна поставка. Описание: Recent concern in the United States about human trafficking has been directed primarily on the foreign victims that are brought into the United States rather than on U.S. citizenship who become involved. However, the topic has broadened and has significant impact on the daily lives of U.S citizens. Taking a human rights perspective, this book explores how human trafficking has been used as a “brand” to achieve political and/or economic objectives. Human trafficking has taken away the human rights for individuals and threatens their security. Grounded in Critical Theory, with the use of 99 public documents from Global Report on Trafficking in Persons by the United Nations Office on Drugs and Crime, International Labor Organization, and Office for Victims of Crime and other Departments of the U.S working on human trafficking issues, and with the support of Nvivo software, the book asserts that human trafficking violates human rights, has no capacity to support human emancipation, and causes human beings to be treated as animals or objects or commodified a brand. Even though a brand is a mark and logo in economic development and refers to objects, not human beings. Human development is the objective that everyone wants to achieve. Regardless of development, the welfare of all human beings must be the chief concern; every effort to halt all human emancipation must be initiated immediately.Some 14,000 to 17,000 individuals are thought to be illegally trafficked for sexual as well as illegal labor purposes many to Las Vegas, Florida and Northeastern coastal cities. This number increasing includes persecuted minorities (like the Rohingya, South Sudanese and tribal Filipinas). This monograph is based on original research and field work and includes specific and original theoretical formulations on this multifaceted problem.
Автор: Thorson Название: Individual Rights in EU Law ISBN: 3319327704 ISBN-13(EAN): 9783319327709 Издательство: Springer Рейтинг: Цена: 107130.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.
