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A Philosophical Introduction to Human Rights

✍ Scribed by Thomas Mertens


Publisher
Cambridge University Press
Year
2020
Tongue
English
Leaves
313
Series
Law in Context
Category
Library

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✦ Synopsis


While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

✦ Table of Contents


frontmatter
Contents
Preface
1 Legal Philosophy and Human Rights
Part I Background to the Universal Declaration
2 The Political and Juridical Context of the Universal Declaration
3 The Philosophical Context of the Universal Declaration
4 Human Dignity
5 Intermezzo I
Part II Negative Freedom
6 Everyone Has the Right to Life
7 No One Shall Be Subjected to Torture
8 No One Shall Be Unfairly Punished
9 Everyone Has the Right to Their Own Space
10 Everyone Has the Right to Property
Part Ill Positive Freedom
11 Everyone Has the Right to Take Part in the Government of Their Country
12 Everyone Has the Right to β€˜Nationality’
13 Everyone Has the Right to Belong
14 Everyone Has the Right to a Decent Standard of Living
15 Everyone Has the Right to International Legal Protection
Part IV Duties and Virtues
16 Intermezzo II
17 Everyone Has the Duty of Obedience
18 Everyone Has the Duty to Behave with Moderation
Bibliography
Subject Index
Name Index


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