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Vol 22 No 10 Oct/Nov 2017

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Debating Social Rights


ISBN13: 9781849460231
Published: December 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £19.99



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Debating Law is a new series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest.

In this second volume in the series, Virginia Mantouvalou argues that social rights, defined as entitlements to the satisfaction of basic needs, are as essential for the well-being of the individual and the community as long-established civil and political rights. The real challenge, she suggests, is how best to give effect to social rights.

Drawing on examples from around the world, she argues that judicial enforcement of social rights can advance, rather than undermine, democracy. Conor Gearty acknowledges the value of rights language in legal and political debate. He accepts that human rights are not solely civil and political, and that rights can have a progressive, emancipatory dimension. But, he argues, for rights to work effectively in the wider promotion of social justice they need to be kept as far away as possible from the courts.

Lawyers - even well-intentioned lawyers - damage the achievability of the kind of radical transformation in the priorities of states that a genuine commitment to social rights would surely necessitate.

Subjects:
Human Rights and Civil Liberties
Contents:
Against Judicial Enforcement by Conor Gearty
I. Introduction
II. Why Care?
III. How Should We Care?
IV. How Can We Tame the Lawyers?
V. Conclusion
In Support of Legalisation by Virginia Mantouvalou
I. Introduction
II. A Brief, Unhappy History
III. Common Foundations
IV. Legalisation
V. Content of Duties and Horizontality
VI. Social Rights and the Foreign Needy
VII. Conclusion

Series: Debating Law

Debating Hate Speech ISBN 9781849462648
To be published June 2019
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Debating Autonomy ISBN 9781509915682
To be published July 2018
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Debating Euthanasia (eBook) ISBN 9781847317711
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Debating Euthanasia ISBN 9781849461788
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Debating Social Rights (eBook) ISBN 9781847317438
Published December 2010
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£16.66 + £3.33 VAT
(ePub)
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Debating Restorative Justice (eBook) ISBN 9781847317339
Published August 2010
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Debating Restorative Justice ISBN 9781849460224
Published August 2010
Hart Publishing
£19.99