Grounding Human Rights in a Pluralist World


Book Description

In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights which declared that every human being, without “distinction of any kind,” possesses a set of morally authoritative rights and fundamental freedoms that ought to be socially guaranteed. Since that time, human rights have arguably become the cross-cultural moral concept and evaluative tool to measure the performance—and even legitimacy—of domestic regimes. Yet questions remain that challenge their universal validity and theoretical bases. Some theorists are ”maximalist” in their insistence that human rights must be grounded religiously, while an opposing camp attempts to justify these rights in “minimalist” fashion without any necessary recourse to religion, metaphysics, or essentialism. In Grounding Human Rights in a Pluralist World, Grace Kao critically examines the strengths and weaknesses of these contending interpretations while also exploring the political liberalism of John Rawls and the Capability Approach as proposed by economist Amartya Sen and philosopher Martha Nussbaum. By retrieving insights from a variety of approaches, Kao defends an account of human rights that straddles the minimalist–maximalist divide, one that links human rights to a conception of our common humanity and to the notion that ethical realism gives the most satisfying account of our commitment to the equal moral worth of all human beings.




In Defense of Human Rights


Book Description

The argument that religion provides the only compelling foundation for human rights is both challenging and thought-provoking and answering it is of fundamental importance to the furthering of the human rights agenda. This book establishes an equally compelling non-religious foundation for the idea of human rights, engaging with the writings of many key thinkers in the field, including Michael J. Perry, Alan Gewirth, Ronald Dworkin and Richard Rorty. Ari Kohen draws on the Universal Declaration of Human Rights as a political consensus of overlapping ideas from cultures and communities around the world that establishes the dignity of humans and argues that this dignity gives rise to collective human rights. In constructing this consensus, we have succeeded in establishing a practical non-religious foundation upon which the idea of human rights can rest. In Defense of Human Rights will be of interest to students and scholars of political theory, philosophy, religious studies and human rights.




Historical Dictionary of Human Rights


Book Description

The second edition of Historical Dictionary of Human Rights explores both the theory and the practice of international human rights with a focus on the norms and institutions that make up the “architecture” of the global human rights regime and the tools, processes and procedures through which such norms are realized and “enforced.” Particular attention is given to the contextual political and sociological factors that shape and constrain the operation and functioning of international human rights institutions and their state and non-state actors. This is done through a chronology, an introduction, and an extensive bibliography. The dictionary section has more than 1.000 cross-referenced entries on terminology, conventions, treaties, intergovernmental organizations in the United Nations, and non-governmental organizations, as well as some of the pioneers and defenders. This book is an excellent resource for students, researchers, and anyone wanting to know more about human rights.




What Is a Human?


Book Description

What is a human? Are humans those with human DNA, those in possession of traits like rationality, or those made in the image of God? The debate over what makes human beings unique has raged for centuries. Many think that if society accepts the wrong definition of what it is to be human, people will look at their neighbor as more of an animal, object, or machine-making maltreatment more likely. In the longest running claim, for over 150 years critics have claimed that taking a Darwinist definition results in people treating each other more like animals. Despite their seriousness, these claims have never been empirically investigated. In this groundbreaking book John H. Evans shows that the definitions promoted by biologists and philosophers actually are associated with less support for human rights. Members of the public who agree with these definitions are less willing to sacrifice to stop genocides and are more supportive of buying organs from poor people, of experimenting on prisoners against their will, and of torturing people to potentially save lives. It appears that the critics are right. However, Evans finds that few Americans agree with these academic definitions. Looking at how most of the public defines humanity, we see a much more nuanced picture. In a fascinating account, he shows that the dominant definitions are unlikely to lead to human rights abuses. He concludes that the critics are right about the definitions of a human promoted by academic biologists and philosophers, and are therefore justified in their vigilance. However, because at present few Americans agree with these definitions, the academic definitions would have to spread much more extensively before impacting how the general public acts. Evans' book is a major corrective to the more than century-long debate about the impact of definitions of a human.




Global Capitalism, Culture, and Ethics


Book Description

Selected as an Outstanding Academic Title by Choice Magazine in 2014! This book aims to deepen the student’s understanding of the complex ethical challenges that businesses face in an increasingly globalized world. As the world moves towards greater interdependence, it has been demonstrated that globalization is linked to economic growth. This raises a critical question: as a key player in fostering economic growth, how does the multinational corporation function as a moral agent? Global Capitalism, Culture, and Ethics offers a sophisticated analysis of theoretical ethical issues such as universalism versus pluralism; the connection between law and morality; the validity of a corporate social agenda; and the general parameters of moral responsibilities for multinational corporations. With these foundational issues addressed, the book proceeds to analyze a number of specific controversies such as the proper scope of political activism, disinvestment, environmental sustainability, and responsible sourcing from low wage countries. The analysis of globalization is not confined to a treatment of the moral obligations of multinational corporations, but also reviews the history of global capitalism, the interdependence between governments and multinational corporations, and the beneficial and harmful effects of globalization on social welfare. Weaving together themes from economics, history, philosophy, and law, this book allows the reader to appreciate globalization from multiple perspectives. Its theoretical cogency and uncompromising clarity make it a rewarding read for students interested in issues of ethics and globalization.




The Aesthetics of Solidarity


Book Description

"Latinx Catholics have used Our Lady of Guadalupe as a symbol in democratic campaigns ranging from the United Farm Workers movement to the Chicano movement to the movement for just immigration reform. In diverse ways, these groups use Guadalupe's symbol and narrative to make claims about justice in society's basic structures (law, policy, institutions, for example) while seeking to generate greater participation and representation in US democracy. Yet, Guadalupe is illegible within a liberal political framework that seeks to protect society's basic structures from religious encroachment by relegating religious speech, practices, and symbols to the realm of the background culture. In response to this problem, religious ethicists have argued for expansions of the liberal framework that would make religious language, arguments, and practices communities legible within a pluralistic society without capitulating to anti-democratic modes of governance that undermine pluralism. What remains unexplored is the way that the aesthetic dimensions of particular religious traditions can be engaged toward cultivating a more participatory democracy that invites substantive contributions to society's common life from religious people and communities. Instead, in conversation with political liberalism, Latinx theological aesthetics, and Catholic social thought, The Aesthetics of Solidarity examines the use of particular religious symbols to make democratic claims and generate greater participation and presence in the life of US democracy. After evaluating liberalism's capacity for constructive engagement with religion toward strengthening democratic participation, the project employs Latinx theological aesthetics and Catholic social thought to offer a constructive framework for interpreting religious symbols in the context of a religiously pluralistic and participatory democratic life"--




Rule of Law, Human Rights and Judicial Control of Power


Book Description

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.




Christianity and Human Rights


Book Description

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.




Theology and the Political


Book Description

Theology and the Political, edited by Alexei Bodrov and Stephen M. Garrett, is a volume animated by the motif of political action as witness in a missional key. The book makes a unique interdisciplinary contribution to the field of political theology.




Human v. Religious Rights?


Book Description

Although the Federal Republic of Germany and the United States share many legal, social, and political values, they also represent different traditions in terms of how each understands the idea of universal human rights. The contributors to this volume represent legal-constitutional, historical, bio-ethical, philosophical, and social science reflections on what the two nation states share, and what distinguishes their understanding of universal human rights. The rise of neo-populist and authoritarian nationalist impulses in Europe and the Americas, the differing responses of the two liberal democratic republics provide an insight into how each nation state still affirms a long-standing commitment to universal human rights. No other work in German or English currently provides a comparison between the two countries and across many disciplines.