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  1. Human Rights, Specification and Communities of Inquiry.Yann Allard-Tremblay - 2015 - Global Constitutionalism 4 (2): 254-287.
    This paper offers a revised political conception of human rights informed by legal pluralism and epistemic considerations. In the first part, I present the political conception of human rights. I then argue for four desiderata that such a conception should meet to be functionally applicable. In the rest of the first section and in the second section, I explain how abstract human rights norms and the practice of specification prevent the political conception from meeting these four desiderata. In the last (...)
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  2. Strange Bedfellows: Rethinking Ubuntu and Human Rights in South Africa.Oyowe Oritsegbubemi Anthony - 2013 - African Human Rights Law Journal 13 (1):103-124.
    Can an African ubuntu moral theory ground individual freedom and human rights? Although variants of ubuntu moral theory answer in the negative, asserting that the duties individuals owe the collective are prior to individual rights (since African thought places more emphasis on the collective), Metz’s recent articulation in this Journal of an African ubuntu moral theory promises to ground the liberal ideal of individual liberty. I pursue three distinct lines of argument in establishing the claim that Metz’s project fails to (...)
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  3. Crítica y fundamentación de la política y los derechos humanos.Elías Castro Blanco - 2012 - Bogotá: Universidad Libre.
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  4. Wollstonecraft, Mill, and Women's Human Rights.Eileen Hunt Botting - 2016 - Yale University Press.
    How can women’s rights be seen as a universal value rather than a Western value imposed upon the rest of the world? Addressing this question, Eileen Hunt Botting offers the first comparative study of writings by Mary Wollstonecraft and John Stuart Mill. Although Wollstonecraft and Mill were the primary philosophical architects of the view that women’s rights are human rights, Botting shows how non-Western thinkers have revised and internationalized their original theories since the nineteenth century. Botting explains why this revised (...)
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  5. Climate Change, Human Rights and Moral Thresholds.Simon Caney - 2010 - In Stephen Humphreys (ed.), Human Rights and Climate Change. Cambridge University Press. pp. 69-90..
    This essay examines the relationship between climate change and human rights. It argues that climate change is unjust, in part, because it jeopardizes several core rights – including the right to life, the right to food and the right to health. It then argues that adopting a human rights framework has six implications for climate policies. To give some examples, it argues that this helps us to understand the concept of “dangerous anthropogenic interference” (UNFCCC, Article 2). In addition to this, (...)
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  6. Political Conceptions of Human Rights and Corporate Responsibility.Daniel P. Corrigan - 2017 - In Reidar Maliks & Johan Karlsson Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice. Cambridge, UK: Cambridge University Press. pp. 229-257.
    Does a political conception of human rights dictate a particular view of corporate human rights obligations? The U.N. “Protect, Respect, and Remedy” Framework and Guiding Principles on Business and Human Rights, developed by John Ruggie, hold that corporations have only a responsibility to respect human rights. Some critics have argued that corporations should be responsible for a wider range of human rights obligations, beyond merely an obligation to respect such rights. Furthermore, it has been argued that Ruggie relied on a (...)
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  7. The Philosophical Foundations of Human Rights: An Overview.Rowan Cruft, S. Matthew Liao & Massimo Renzo - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, UK: Oxford University Press. pp. 1-44.
    The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and political fertility of the notion of human rights. The chapter concludes with (...)
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  8. Philosophical Foundations of Human Rights.Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.) - 2015 - Oxford University Press UK.
    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives (...)
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  9. José Ortega y Gasset and Human Rights.Jesús M. Díaz Álvarez - 2013 - In Lester Embree & Thomas Nenon (eds.), Husserl’s Ideen. Springer. pp. 3--18.
    This essay has two parts. In the first one I try to show the crucial importance of Husserl’s phenomenology (Logische Untersuchungen and Ideen I) in Ortega’s thought at least till 1929. In this period it is not an exaggeration to say that Ortega understands his philosophy as a peculiar development of Husserl’s theory of intentionality. After this date, and influenced by the publication Heidegger’s Sein und Zeit, he begins to consider Husserlian thought as the last and more refined form of (...)
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  10. Human Dignity and Human Rights.Pablo Gilabert - forthcoming - Oxford: Oxford University Press.
    Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as (...)
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  11. Labor Human Rights and Human Dignity.Pablo Gilabert - 2016 - Philosophy and Social Criticism 42 (2):171-199.
    The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human rights practice. Second, it gives a moral defense (...)
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  12. On Human Rights.James Griffin - 2008 - Oxford University Press.
    It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
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  13. The One Right No One Ever Has.Werner Hamacher & Julia Ng - 2017 - Philosophy Today 61 (4):947-962.
    Translator's Abstract: The right to have rights was never a right to be had. Hannah Arendt's famous formulation of the most elementary right of all, the right to participate in the definition of rights, is not a description of a given right that belongs to one or the other form of law, but an indictment of a deficit in the construction of legality on the basis of the right to withdraw legal protection from members of a community, and therefore to (...)
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  14. The Problem of Debt‐for‐Nature Swaps From a Human Rights Perspective.Nicole Hassoun - 2012 - Journal of Applied Philosophy 29 (4):359-377.
    At first blush, debt‐for‐nature swaps seem to provide win‐win solutions to the looming problems of environmental degradation and extreme poverty. So, one might naturally assume that they are morally permissible, if not obligatory. This article will argue, however, that debt‐for‐nature swaps are sometimes morally questionable, if not morally impermissible. It suggests that some criticisms of traditional conditions placed on loans to poor countries also apply to the conditionality implicit in such swaps. The article's main theoretical contribution is to suggest a (...)
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  15. The Problem of Debt-for-Nature Swaps From a Human Rights Perspective.Nicole Hassoun - 2012 - Journal of Applied Philosophy 29 (4):359-377.
    At first blush, debt‐for‐nature swaps seem to provide win‐win solutions to the looming problems of environmental degradation and extreme poverty. So, one might naturally assume that they are morally permissible, if not obligatory. This article will argue, however, that debt‐for‐nature swaps are sometimes morally questionable, if not morally impermissible. It suggests that some criticisms of traditional conditions placed on loans to poor countries also apply to the conditionality implicit in such swaps. The article's main theoretical contribution is to suggest a (...)
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  16. Too Liberal for Global Governance? International Legal Human Rights System and Indigenous Peoples’ Right to Self-Determination.Ranjoo Seodu Herr - 2017 - Journal of International Political Theory 13 (2):196-214.
    This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...)
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  17. Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. Oxford University Press USA.
    What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...)
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  18. Political and Naturalistic Conceptions of Human Rights: A False Polemic?S. Matthew Liao & Adam Etinson - 2012 - Journal of Moral Philosophy 9 (3):327-352.
    What are human rights? According to one longstanding account, the Naturalistic Conception of human rights, human rights are those that we have simply in virtue of being human. In recent years, however, a new and purportedly alternative conception of human rights has become increasingly popular. This is the so-called Political Conception of human rights, the proponents of which include John Rawls, Charles Beitz, and Joseph Raz. In this paper we argue for three claims. First, we demonstrate that Naturalistic Conceptions of (...)
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  19. Guest Editor’s Introduction to Symposium on Allen Buchanan, The Heart of Human Rights.Lister Matthew - 2017 - Law and Philosophy 36 (2):115-120.
    For many years now Allen Buchanan has been one of the most important theorists working on the philosophy of human rights, producing a large number of papers and two books significantly devoted to the topic. In the work under consideration in this symposium, Buchanan breaks new ground by examining what he claims to be the “heart” of international human rights practice – the international legal human rights (“ILHR”) system, subjecting it to moral and philosophical analysis and criticism. Buchanan's book was (...)
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  20. What Makes a Utopia Inconvenient? On the Advantages and Disadvantages of a Realist Orientation to Politics.Benjamin McKean - 2016 - American Political Science Review 110 (4):876-888.
    Contemporary politics is often said to lack utopias. For prevailing understandings of the practical force of political theory, this looks like cause for celebration. As blueprints to apply to political practice, utopias invariably seem too strong or too weak. Through an immanent critique of political realism, I argue that utopian thought, and political theory generally, is better conceived as supplying an orientation to politics. Realists including Bernard Williams and Raymond Geuss explain how utopian programs like universal human rights poorly orient (...)
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  21. The Authority of Human Rights Practice: A Review of Charles Beitz, The Idea of Human Rights. [REVIEW]Mark Navin - 2011 - Jurisprudence 2 (1):239-247.
    In The Idea of Human Rights (hereafter IHR), Charles Beitz advocates a different approach to questions about the nature and aims of human rights. He advances a ‘practical conception’, which turns to the role that human rights play in contemporary political discourse to arrive at answers about the structure and function of human rights. As Beitz says, ‘we take the functional role of human rights in international discourse and practice as basic: it constrains our conception of a human right from (...)
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  22. Beyond Sectarianism? On David Miller's Theory of Human Rights.Kieran Oberman - 2013 - Res Publica 19 (3):275-283.
    In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human rights that Miller’s account generates is, however, minimal (...)
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  23. Enforceability and Primary Rights.Steven W. Patterson - 2003 - Dissertation, Wayne State University
    In this dissertation I argue that the concept of a moral right is best explicated by means of the concept of morally legitimate coercion. This thesis, which I call the enforceability thesis, says that to have a right is to have a claim such that one would be justified in pursuing a course of action up to and including harm should the claim be dissatisfied. I contend that this thesis, if it is true, explains much about our intuitions concerning moral (...)
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  24. Standard Threats: How to Violate Basic Human Rights.Anthony R. Reeves - 2015 - Social Theory and Practice 41 (3):403-434.
    The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...)
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  25. La urbe global y el gobierno de la vida humana.Castor Bartolomé Ruiz & Rubén Alberto Duarte Cuadros (eds.) - 2012 - Bogota: Universidad Libre.
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  26. समाज में मूल्यों एवम मानवाधिकार शिक्षा की उपयोगिता.Desh Raj Sirswal & Ishwar Singh - 2014 - Lokayata: Journal of Positive Philosophy (02):41-48.
    देशराज सिरसवाल, ईश्वर सिंह : समाज में मूल्यों एवम मानवाधिकार शिक्षा की उपयोगिता ,Lokāyata: Journal of Positive Philosophy , Vol. IV, No. 02 September,2014, 41-48 -/- .
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  27. How Destructive Are the Rich, or is J.K. Rowling More Evil Than Me?Michael Starks - 2018 - In Suicidal Utopian Delusions in the 21st Century--Philosophy, Human Nature and the Collapse of Civililization 2nd Ed. (2018). Las Vegas, Nevada, USA: Reality Press. pp. 202-207.
    How about a different take on the rich and famous? First the obvious—the Harry Potter novels are primitive superstition that encourages children to believe in fantasy rather than take responsibility for the world-- the norm of course. JKR is just as clueless about herself and the world as all the other monkeys, but about 200 times as destructive as the average American and about 800 times more than the average Chinese. She has been responsible for the destruction of maybe 30,000 (...)
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  28. Are Human Rights Essentially Triggers for Intervention?John Tasioulas - 2009 - Philosophy Compass 4 (6):938-950.
    The orthodox conception of human rights holds that human rights are moral rights possessed by all human beings simply in virtue of their humanity. In recent years, advocates of a 'political' conception of human rights have criticized this view on the grounds that it overlooks the distinctive political function performed by human rights. This article evaluates the arguments of two such critics, John Rawls and Joseph Raz, who characterize the political function of human rights as that of potential triggers for (...)
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  29. The Right Against Interference: Human Rights and Legitimate Authority.Daniel Viehoff - 2013 - Law and Ethics of Human Rights 7 (1):25-46.
    Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference (...)
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