US Human Rights Conduct and International Legitimacy


Book Description

Was the Bush administration was successful in legitimating its preferences with habeas corpus, torture, and extraordinary rendition? As American transforms in the post-Bush era, scholars have begun to assess the post-9/11 period in American foreign and domestic policy, asking difficult questions regarding torture and human rights.




International Legitimacy and World Society


Book Description

This is a study of the theory and history of international norms. How does international society come to adopt certain norms in particular? This book shows how ideas of international legitimacy have evolved, and makes us rethink the nature of international society.




The Promise of Human Rights


Book Description

Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.




Human Rights, Legitimacy, and the Use of Force


Book Description

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.




US Human Rights Conduct and International Legitimacy


Book Description

Was the Bush administration was successful in legitimating its preferences with habeas corpus, torture, and extraordinary rendition? As American transforms in the post-Bush era, scholars have begun to assess the post-9/11 period in American foreign and domestic policy, asking difficult questions regarding torture and human rights.




The Heart of Human Rights


Book Description

This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.




The Legitimacy of International Human Rights Regimes


Book Description

The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.




Truth Commissions


Book Description

Onur Bakiner evaluates the success of truth commissions in promoting political, judicial, and social change. He argues that even when commissions produce modest change as a result of political constraints, they open new avenues for human rights activism and transform public discourses on memory, truth, justice, and reconciliation.




UN Human Rights Treaty Bodies


Book Description

An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.




Legitimacy in an Age of Global Politics


Book Description

In spite of the lack of plausible alternatives to liberal democracy, the age of globalization has ushered in serious challenges to the democratic legitimacy of the nation state. The contributors in this collection explore the frontiers of normative and empirical legitimacy research, drawing upon a range of key conceptual and methodological issues.