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Vol 25 No 2 Feb/March 2020

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Human Rights: Old Problems, New Possibilities

Edited by: David Kinley, Wojciech Sadurski, Kevin Walton

ISBN13: 9781781002742
Published: November 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £83.00

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Reflecting on the various dichotomies through which human rights have traditionally been understood, this book takes account of recent developments in both theories of rights and in international human rights law to present new ways of thinking about some long-standing problems. Leading legal and political philosophers, social theorists and scholars of international law discuss traditional dilemmas and taxonomies in human rights theory, engaging with contemporary scholarship and current practice.

The book examines various tensions, such as those between legal and moral rights, positive and negative rights, universal and particular rights, and group and individual rights. Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philosophy.

Human Rights and Civil Liberties
Preface David Kinley, Wojciech Sadurski and Kevin Walton
1. Human Rights: Moral or Legal? Tom Campbell
2. Human Rights as Moral Rights Kevin Walton
3. Are We Violating the Human Rights of the World's Poor? Thomas Pogge
4. Human Rights and Political Agency: On Pogge's Analysis of Human Rights Violations Today Duncan Ivison
5. Universalism and Particularism in Human Rights: Trade-Off or Productive Tension? Neil Walker
6. The Particularism of Human Rights Discourse Patrick Emerton
7. Democracy and Human Rights: Good Companions Jeremy Waldron
8. Recasting the Relationship: Human Rights, Democracy and Constitutionalism as Material Topoi of Legitimacy Euan MacDonald
9. Autonomy, Identity and Self-knowledge: A New 'Solution' to the Liberal-Communitarian 'Problem'? Jacqueline Mowbray
10. Four Human Rights Myths Susan Marks
11. Where Hope Meets Expectation on the Road between Human Rights Idealism and Pragmatism David Kinley