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Edited by: Mark Arnold KC, Simon Mortimore KC
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Human, Rights, Culture and the Rule of Law


ISBN13: 9781841135069
ISBN: 1841135062
Published: September 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 6 to 8 days.

This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways.

This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live.

The circumstances are created by differing tools, know-how and skills ('cultural equipment'), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrines - ethical, religious and philosophical - addressing deep questions about the ultimate purpose of human life ('comprehensive doctrines').

Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction
The Proliferation of Culture in International Human Rights Law
A Critique of the Current Human Rights Approach to Culture
The Cultural Dimension of the Individual: A Fresh Start
Problems of Cultural Equipment
Adiaphora and Adequacy
Conflict, Participation, and the Risk of Exclusion
Cultural Ignorance of Law: An Excusing Condition?
An International Human Rights Agenda on Culture

Series: Human Rights Law in Perspective

Proportionality Beyond the Human Rights Act ISBN 9781841137438
To be published February 2027
Hart Publishing
£50.00
Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954865
To be published April 2026
Hart Publishing
£41.99
Law and Islamic Dress: Rights and Fascism in Europe ISBN 9781509910496
To be published August 2025
Hart Publishing
£60.00
Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954827
To be published October 2024
Hart Publishing
£85.00
Article 8 ECHR, Family Reunification and the Uk's Supreme Court: Family Matters? ISBN 9781509966073
To be published August 2024
Hart Publishing
£42.99
The Times and Temporalities of International Human Rights Law ISBN 9781509949991
Published June 2023
Hart Publishing
£41.99
£85.00
£76.50
(ePub)
Buy
The Times and Temporalities of International Human Rights Law (eBook) ISBN 9781509949915
Published February 2022
Hart Publishing
£37.79
(ePub)
Buy
The Times and Temporalities of International Human Rights Law ISBN 9781509949908
Published February 2022
Hart Publishing
£90.00
£38.99
Gender Equality in Law: Uncovering the Legacies of Czech State Socialism ISBN 9781509933037
Published October 2019
Hart Publishing
£39.99
£35.09
(ePub)
Buy
Governing (Through) Rights ISBN 9781509926824
Published January 2019
Hart Publishing
£28.99
Property and Human Rights in a Global Context ISBN 9781509921157
Published April 2018
Hart Publishing
£36.99
£95.00
£35.99
(ePub)
Buy
Governing (Through) Rights ISBN 9781849467391
Published September 2016
Hart Publishing
£75.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published September 2016
Hart Publishing
£26.09
(ePub)
Buy
Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
Hart Publishing
£27.99
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
Hart Publishing
£33.29
(ePub)
Buy
Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
Hart Publishing
£85.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781849467278
Published June 2014
Hart Publishing
£31.99
Discrimination, Equality and the Law (eBook) ISBN 9781782252016
Published April 2014
Hart Publishing
£25.19
(ePub)
Buy
Discrimination, Equality and the Law ISBN 9781841134413
Published April 2014
Hart Publishing
£80.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£72.00
(ePub)
Buy
Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£80.00
Rights in Divided Societies ISBN 9781849461009
Published July 2012
Hart Publishing
£85.00
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£76.50
(ePub)
Buy
Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£28.79
(ePub)
Buy
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
Hart Publishing
£95.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£42.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£85.00
£95.00
£59.99
Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
Hart Publishing
£95.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
Out of print
Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
Hart Publishing
£95.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£90.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£95.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
Hart Publishing
£69.99
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
Hart Publishing
£75.00