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Vol 21 No 10 Oct/Nov 2016

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Philosophical Foundations of Human Rights

Edited by: Rowan Cruft, S. Matthew Liao, Massimo Renzo

ISBN13: 9780199688630
Published: April 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £39.99
Hardback edition , ISBN13 9780199688623



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What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights.

Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the relationship between moral groundings in human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others.

The essays represent new and canonical research by leading scholars in the field. Each section comprises of a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question, with an introduction from the editors to guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.

Subjects:
Human Rights and Civil Liberties, Jurisprudence
Contents:
Introduction: the Philosophical Foundations of Human Rights

HUMAN RIGHTS' FOUNDATIONS
1. On the Foundations of Human Rights
2. Response to John Tasioulas
3. Human Rights as Fundamental Conditions for a Good Life
4. From a Good Life to Human Rights: Some Complications
5. Is Dignity the Foundation of Human Rights?
6. Human Rights, Natural Rights, and Human Dignity
7. Personal Deserts and Human Rights
8. Desert and Human Rights: Response to James W. Nickel
9. A Social Ontology of Human Rights
10. Human Rights, Human Dignity, and Power

HUMAN RIGHTS IN LAW AND POLITICS
11. Human Rights in the Emerging World Order
12. Joseph Raz on Human Rights: A Critical Appraisal
13. Why International Legal Human Rights?
14. Response to Buchanan
15. Human Rights and Constitutional Law: Patterns of Mutual Validation and Legitimation
16. Response to Besson
17. Rescuing Proportionality
18. Response to Letsas

CANONICAL AND CONTESTED HUMAN RIGHTS
19. Free Speech as an Inverted Right and Democratic Persuasion
20. Free Speech and "Democratic Persuasion"
21. Prince or Pariah? The place of Freedom of Religion in a system of International human rights
22. Freedom of Religion Conceived as a Human Right
23. The Right to Security
24. Rights and Security
25. Self Determination and the Human Right to Democracy
26. A Human Right to Democracy?
27. The Content of the Human Right to Health
28. Do We have a Human Right to the Political Determinants of Health?
29. A Moral Inconsistency Argument for a Basic Human Right to Subsistence

HUMAN RIGHTS: CONCERNS AND ALTERNATIVES
30. The Force of Subsistence Rights
31. The Relativity and Ethnocentricity of Human Rights
32. Human Needs, Human Rights, and Parochialism
33. Human Rights in Kantian Mode: a Sketch
34. Why There Cannot Be A Truly Kantian Theory of Human Rights
35. Liberty Rights and the Limits of Liberal Democracy
36. Human Rights without the Human Good? A Reply to Ci
37. Care and Human Rights
38. Care and Human Rights: A Reply to Virginia Held

Series: Philosophical Foundations of Law

Philosophical Foundations of Tax Law ISBN 9780198798439
To be published February 2017
Oxford University Press
£75.00
Philosophical Foundations of Contract Law ISBN 9780198713029
Published October 2016
Oxford University Press
£29.99
Philosophical Foundations of Law and Neuroscience ISBN 9780198743095
Published July 2016
Oxford University Press
£60.00
Philosophical Foundations of Fiduciary Law ISBN 9780198783343
Published February 2016
Oxford University Press
£29.95
Philosophical Foundations of Human Rights ISBN 9780199688623
Published May 2015
Oxford University Press
£95.00
Philosophical Foundations of Human Rights (eBook) ISBN 9780191002915
Published April 2015
Oxford University Press
£33.32 + £6.66 VAT
(ePub)
Buy
Philosophical Foundations of Contract Law (eBook) ISBN 9780191022081
Published December 2014
Oxford University Press
£62.50 + £12.50 VAT
(ePub)
Buy
Philosophical Foundations of Contract Law ISBN 9780198713012
Published December 2014
Oxford University Press
£75.00
Philosophical Foundations of Fiduciary Law ISBN 9780198701729
Published August 2014
Oxford University Press
£75.00
Philosophical Foundations of the Law of Torts
Edited by: John Oberdiek
ISBN 9780198701385
Published March 2014
Oxford University Press
£79.00
Philosophical Foundations of Discrimination Law ISBN 9780199664313
Published November 2013
Oxford University Press
£63.00
Philosophical Foundations of Property Law ISBN 9780199673582
Published November 2013
Oxford University Press
£63.00
Philosophical Foundations of The Nature of Law (eBook) ISBN 9780191665622
Published March 2013
Oxford University Press
£52.50 + £10.50 VAT
(ePub)
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Philosophical Foundations of The Nature of Law ISBN 9780199675517
Published March 2013
Oxford University Press
£67.00
Philosophical Foundations of Criminal Law ISBN 9780199673674
Published January 2013
Oxford University Press
£29.99
Philosophical Foundations of Criminal Law (eBook) ISBN 9780191654701
Published January 2013
Oxford University Press
£24.99 + £5.00 VAT
(ePub)
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Philosophical Foundations of Language in the Law ISBN 9780199673704
Published January 2013
Oxford University Press
£24.49
Philosophical Foundations of EU Law ISBN 9780199588770
Published October 2012
Oxford University Press
£84.00
Philosophical Foundations of Language in the Law (eBook) ISBN 9780191654756
Published June 2011
Oxford University Press
£19.16 + £3.83 VAT
(ePub)
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Philosophical Foundations of Language in the Law ISBN 9780199572380
Published June 2011
Oxford University Press
£56.00
Philosophical Foundations of Criminal Law ISBN 9780199559152
Published March 2011
Oxford University Press
£89.00
Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
Published March 2009
Oxford University Press
£67.00