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Gender, Culture and Human Rights: Reclaiming Universalism


ISBN13: 9781841135137
ISBN: 1841135135
Published: May 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism must return to the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction.

The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality.

Ultimately, this books argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

Subjects:
Human Rights and Civil Liberties
Contents:
1. The Discourse of Human Rights: ‘An Active Enemy of Women’s Progress’?
2. Alan Gewirth’s Community of Rights: Feminism, Liberalism and the Value of Community
3. Political Liberalism, Feminism and the Limits of an ‘Overlapping Consensus’
4. Nussbaum and the Human Capabilities Approach: Reconciling Feminism and Universalism?
5. Discourse Ethics, Feminism and the Return to the Universal
6. Opting out of Women’s Human Rights: Reservations to Human Rights Treaties and the Defence of Culture
7. Debating Gender in Ireland (1): Family Values
8. Debating Gender in Ireland (2): Reproductive Rights
9. Women, Human Rights and Cultural Claims in Pakistan
10. Debating Gender Equality in India: Feminism and Multicultural Dilemmas
CONCLUSION

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)
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The Times and Temporalities of International Human Rights Law (eBook) ISBN 9781509949915
Published February 2022
Hart Publishing
£37.79
(ePub)
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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)
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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)
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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)
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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)
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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)
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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
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£95.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 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