Deliberative Democracy and Human Rights

✍ Scribed by Harold Koh (editor); Ronald C. Slye (editor)

Publisher: Yale University Press
Year: 2008
Tongue: English
Leaves: 325
Category: Library

No coin nor oath required. For personal study only.

✦ Synopsis

In this important collection of writings, leading legal and political thinkers address a wide array of issues that confront societies undergoing a transition to democratic rule. Bridging the gap between theory and practice in international human rights law and policy, the contributors continue discussions that were begun with the late Argentine philosopher-lawyer Carlos Santiago Nino, then extend those conversations in new directions inspired by their own and Nino’s work.

The book focuses on some of the key questions that confront the international human rights movement today. What is the moral justification for the concept and content of universal human rights? What is the relationship among nation-building, constitutionalism, and democracy? What are the political implications for a conception of universal human rights? What is the relationship between moral principles and political practice? How should a society confront what Kant called radical evil? And how does a successor regime justly and practically hold a prior regime accountable for gross violations of human rights?

✦ Table of Contents

Contents
Part One Introduction
Deliberative Democracy and Human Rights: An Introduction
Chapter 1 The Death of a Public Intellectual
Part Two Ethical Bases of International Human Rights
Chapter 2 Personal Rights and Public Space
Chapter 3 In the Beginning Was the Deed
Chapter 4 Autonomy and Consequences
Chapter 5 On Philosophy and Human Rights
Part Three Nation-Building, Constitutionalism, and Democracy
Chapter 6 The Moral Reading and the Majoritarian Premise
Chapter 7 Constitutionalism, Democracy, and State Decay
Chapter 8 Constitutionalism and Democracy
Chapter 9 Group Aspirations and Democratic Politics
Part Four Democracy and Deliberation
Chapter 10 Creating the Conditions for Democracy
Chapter 11 Power Under State Terror
Chapter 12 Deliberation, Disagreement, and Voting
Chapter 13 Deliberative Democracy and Majority Rule: Reply to Waldron
Chapter 14 The Epistemic Theory of Democracy Revisited
Chapter 15 Democracy and Philosophy: A Reply to Stotzky and Waldron
Part Five Confronting Radical Evil
Chapter 16 Punishment and the Rule of Law
Chapter 17 From Dictatorship to Democracy: The Role of Transitional Justice
Chapter 18 Dictatorship and Punishment: A Reply to Scanlon and Teitel
Chapter 19 Human Rights and Democracy in Practice: The Challenge of Accountability
Contributors
Index

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