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Vol 23 No 5 May/June 2018

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Towards Recognition of Minority Groups: Legal and Communication Strategies

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Edited by: Marek Zirk-Sadowski, Bartosz Wojciechowski, Karolina M. Cern

ISBN13: 9781472444905
Published: December 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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This volume analyses some of the most current debates concerning problems in the nature, justification, and legal protection of human rights, relating to the issues surrounding social milieu as a source of any legitimized law, which is in need of legal recognition as well as being an object of legal protection.

With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights, and concludes with completing an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions.

Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.

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Human Rights and Civil Liberties
Introduction, Marek Zirk-Sadowski, Bartosz Wojciechowski and Karolina M. Cern.

Part I Philosophical Approach to Human Rights: 'Collective' human rights for the protection of minorities?, Georg Lohmann
Value pluralism and legal philosophy: the impact of Isaiah Berlin and John Gray, Beata Polanowska-Sygulska
On the human right to science and culture, Anna Maria Andersen Nawrot
On the possibility of justifying the idea of human rights, Tomasz Bekrycht.

Part II The Fight for Recognition in the Sphere of Law: Human rights as an element of mutual recognition and equality of opportunity, Bartosz Wojciechowski
'To tolerate means to insult' (J.W. v. Goethe): towards a social practice of recognition, Barbara Weber
On Paul Ricoeur's tribute to legal philosophical issues of recognition and reciprocity, Marcin Pieni??ek
Should there be the obligation of individual's group ascription recognition? On the margins of right to exit debate, Micha? Dudek.

Part III Human Rights Legal Protection: Domestic violence and gender oppression: an analysis of Brazilian law in light of a theory of democratic justice, Marcia Nina Bernardes
No court is an island: philosophy at the European Court of Human Rights and the European Court of Justice, Nina-Louisa Lorenz Arold
The constitutionality of law vis-a-vis minority rights, Milena Korycka-Zirk
The problem of slavery - the judge between moral conviction and fidelity to law, Jerzy Zajad?o
The principle of self-determination and rights of national minorities: a legal and philosophical analysis of the problem using an example from the Czech Republic, Tatiana Machalova
Les Miserables of Thessaloniki in 2011: a practical case study of human rights and human abuse, Victor Tsilonis
Human rights and transitional justice in post-communist Central-Eastern Europe, Adam Czarnota.

Part IV The Problem of Legal Consensus and Legal Identity: Is law's practical-cultural project condemned to fail the test of 'contextual congruence'? A dialogue with Hans Albert's social engineering, Jose Manuel Aroso Linhares
On the constructivist premise of constitutional patriotism as a normative idea, Karolina M. Cern
Flexible normative space between the European law and the Member State law as a source of constitutional identity, Marek Zirk-Sadowski
The complexity of the contemporary legal systems - dilemmas and the paradoxes of law's legitimacy, Tadeusz Biernat.