Plurality As The Core Of Human Rights Universality
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| Author | : Melissa S. Williams |
| Publisher | : NYU Press |
| Total Pages | : 288 |
| Release | : 2008-10-01 |
| Genre | : Philosophy |
| ISBN | : 0814777201 |
Moral universalism, or the idea that some system of ethics applies to all people regardless of race, color, nationality, religion, or culture, must have a plurality over which to range — a plurality of diverse persons, nations, jurisdictions, or localities over which morality asserts a universal authority. The contributors to Moral Universalism and Pluralism, the latest volume in the NOMOS series, investigate the idea that, far from denying the existence of such pluralities, moral universalism presupposes it. At the same time, the search for universally valid principles of morality is deeply challenged by diversity. The fact of pluralism presses us to explore how universalist principles interact with ethical, political, and social particularisms. These important essays refuse the answer that particularisms should simply be made to conform to universal principles, as if morality were a mold into which the diverse matter of human society and culture could be pressed. Rather, the authors bring philosophical, legal and political perspectives to bear on the core questions: Which forms of pluralism are conceptually compatible with moral universalism, and which ones can be accommodated in a politically stable way? Can pluralism generate innovations in understandings of moral duty? How is convergence on the validity of legal and moral authority possible in circumstances of pluralism? As the contributors to the book demonstrate in a wide variety of ways, these normative, conceptual, and political questions deeply intertwine. Contributors: Kenneth Baynes, William A. Galston, Barbara Herman, F. M. Kamm, Benedict Kingsbury, Frank I. Michelman, William E. Scheuerman, Gopal Sreenivasan, Daniel Weinstock, and Robin West.
| Author | : Claudio Corradetti |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 181 |
| Release | : 2009-04-15 |
| Genre | : Law |
| ISBN | : 140209986X |
When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI [If this is a man, pp. 111–112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ [Samtlic ̈ he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world.
| Author | : Gabriela García Escobar |
| Publisher | : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften |
| Total Pages | : 0 |
| Release | : 2024 |
| Genre | : International law and human rights |
| ISBN | : 9781636673554 |
""Liberal universality" is the dominant framework of human rights in the literature. This paradigm asserts that human rights norms must be interpreted by prioritizing individualism, secularism, and autonomy in all spheres of life. According to this perspective, religiously grounded and duty-oriented visions should not be part of human rights standards, and in some cases, they must be excluded from international debates. This situation is due to a lack of academic scrutiny of the difference between human rights as internationally recognized norms and human rights standards or interpretations as developed by international mechanisms through this paradigm. The case study of the current development of sexual and reproductive health and rights reveals key problems with this interpretative framework: its questionable neutrality, its reduced notion of viewpoint diversity, and its top-down approach that disregards people's real concerns. This book proposes to go back to basics by rediscovering the notion of "pluralistic universality" of the Universal Declaration of Human Rights of 1948, which welcomes interdependent and religiously grounded worldviews that are more compatible with non-Western cultures and some Western traditions. In this sense, the book encourages a redefinition of the universality of human rights in the light of the right to self-determination, as a tool to foster bottom-up approaches, intercultural dialogue, and global consensus for the development of universally acceptable human rights standards. In this way, these standards will enjoy greater legitimacy because they will reflect an international agreement that is responsive to local realities and one that accepts reasonable disagreement in controversial issues"--
| Author | : Walter Kälin |
| Publisher | : |
| Total Pages | : 641 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0198825684 |
The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.
| Author | : Claudio Corradetti |
| Publisher | : Springer Nature |
| Total Pages | : 302 |
| Release | : 2021-11-08 |
| Genre | : Philosophy |
| ISBN | : 9402421300 |
This is an innovative contribution to the philosophy of human rights. Considering both legal and philosophical scholarship, the views here bear an importance on the legitimacy of international politics and international law. As a result of more than 10 years of research, this revised edition engages with current debates through the help of new sections. Pluralistic universalism considers that, while formal filtering criteria constitute unavoidable requirements for the production of potentially valid arguments, the exemplarity of judgmental activity, in its turn, provides a pluralistic and retrospective reinterpretation for the fixity of such criteria. While speech formal standards grounds the thinnest possible presuppositions we can make as humans, the discursive exemplarity of judgments defends a notion of validity which is both contextually dependent and "subjectively universal". According to this approach, human rights principles are embedded within our linguistic argumentative practice. It is precisely from the intersubjective and dialogical relation among speakers that we come to reflect upon those same conditions of validity of our arguments. Once translated into national and regional constitutional norms, the discursive validity of exemplar judgments postulates the philosophical necessity for an ideal of legal-constitutional pluralism, challenging all those attempts trying to frustrate both horizontal (state to state) and vertical (supra-national-state-social) on-going debates on human rights. On the first edition of this book: “Claudio Corradetti’s book is a thoughtful attempt to find an adequate theoretical foundation for human rights. Its approach is interdisciplinary in nature, drawing on issues in analytical philosophy as well as contemporary political theorists, and the result is a densely argued text aimed at scholars ... .” (Andrew Lambert, Metapsychology Online Reviews, Vol. 14 (3), January, 2010) "Charting a clear course through a vast landscape of theories, Claudio Corradetti develops an original and profound account of human rights beyond objectivism and relativism. A remarkable achievement." (Rainer Forst, Professor of Political Theory and Philosophy, Goethe University Frankfurt/Main)
| Author | : Seth D. Kaplan |
| Publisher | : Cambridge University Press |
| Total Pages | : 271 |
| Release | : 2018-08-16 |
| Genre | : Law |
| ISBN | : 1108471218 |
Introduces the idea of a flexible approach to the human rights movement that returns to basics in an increasingly diverse and multipolar world.
| Author | : H. ten Have |
| Publisher | : UNESCO |
| Total Pages | : 371 |
| Release | : 2009-01-01 |
| Genre | : Business & Economics |
| ISBN | : 923104088X |
In October 2005, UNESCO Member States adopted by acclamation the Universal Declaration on Bioethics and Human Rights. For the first time in the history of bioethics, some 190 countries committed themselves and the international community to respect and apply fundamental ethical principles related to medicine, the life sciences and associated technologies. This publication provides a new impetus to the dissemination of the Declaration, and is part of the organisation's continuous effort to contribute to the understanding of its principles worldwide. The authors, who were almost all involved in the elaboration of the text of the Declaration, were asked to respond on each article: Why was it included? What does it mean? How can it be applied? Their responses shed light on the historical background of the text and its evolution throughout the drafting process. They also provide a reflection on its relevance to previous declarations and bioethical literature, and its potential interpretation and application in challenging and complex bioethical debates.
| Author | : Michel Rosenfeld |
| Publisher | : Routledge |
| Total Pages | : 344 |
| Release | : 2009-10-16 |
| Genre | : Law |
| ISBN | : 1135253285 |
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
| Author | : David B Wong |
| Publisher | : Oxford University Press |
| Total Pages | : 312 |
| Release | : 2009-03-03 |
| Genre | : Philosophy |
| ISBN | : 0199724849 |
In this book, David B. Wong defends an ambitious and important new version of moral relativism. He does not espouse the type of relativism that says anything goes, but he does start with a relativist stance against alternative theories such that there need not be only one universal truth. Wong proposes that there can be a plurality of true moralities existing across different traditions and cultures, all with one core human question as to how we can all live together.
| Author | : A. Reis Monteiro |
| Publisher | : BRILL |
| Total Pages | : 817 |
| Release | : 2021-07-19 |
| Genre | : Education |
| ISBN | : 9004462465 |
In Revolution of the Right to Education, A. Reis Monteiro offers an interdisciplinary and topical introduction to the International Education Law, broadly defined, striving to explain why the normative integrity of the right to education carries far-reaching revolutionary significance.
