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Human Rights and their Limits

Details

  • Page extent: 262 pages
  • Size: 228 x 152 mm
  • Weight: 0.36 kg

Paperback

 (ISBN-13: 9780521125239)

Human Rights and Their Limits
Cambridge University Press
9780521110273 - Human Rights and Their Limits - By Wiktor Osiatyński
Table of Contents

Contents

Preface
xi
Acknowledgments
xix
1       A Short History of Human Rights
1
Individual Rights
2
The Origins
2
Two Traditions of Rights
5
The Second Generation of Rights
6
Human Rights
9
First Proposals
9
The Formulation
14
A Compromise
23
Individual and Human Rights
26
The Rights Revolution
29
International Human Rights
29
The Restoration of Rights
33
Rights and Duties in the Socialist and Catholic Concepts of Rights
37
New Challenges
40
Human Rights and the “War on Terror”
47
Responsibility to Protect
51
Rights and Resources
55
Human Rights and Humanitarianism
60
Conclusions
65
2       Rights and Democracy
70
Democracy and Human Rights
72
Constitutional Democracy
73
The Logic of Democracy and the Logic of Rights
77
The Challenges of Democratic Constitution Making
80
Illiberal and Populist Democracies
81
Electronic Democracy
83
Individual and Group Rights
86
Exclusion
90
Citizenship and Welfare
93
Is Democracy Enough?
97
Legal Empowerment
100
Conclusions: Toward a New Concept of Democracy
102
3       Rights and Needs
105
Categories of Human Rights
106
Social and Economic Rights as Human Rights
112
Do Social Rights Differ from Civil and Political Rights?
114
The Legal Status of Social Rights
116
Social Rights in International Human Rights Law
117
Constitutional Solutions
121
Rights or Needs?
126
What Are Social Rights About?
128
Basic Needs
130
The Conditionality of Social Rights
133
Social Rights in a Limited State
135
The Regulatory Function
136
Setting Public Policy Goals
137
The Enforcement of Public Policy Goals
139
Constitutional Social Rights
141
Conclusions
141
4       Rights and Cultures
144
Universal Origins of Human Rights
145
Challenges to Universality
147
Authoritarian Development
148
Cultural Relativism
150
The New Crusade of the West
152
Arguments against Cultural Relativism
154
Freedom and Development
155
Arguments for Universalism
159
Modernization and Rights
160
Evolutionary Arguments
161
Points of Debate
163
Imposition by the West
163
A Change of Ideology
166
A Change in Content
168
The Individual and the Community
170
Can a Cross-Cultural Consensus on Human Rights Be Restored?
173
Human Rights and the Philosophy of Human Rights
175
Two Types of Violations
179
Conclusions: “Hard” and “Soft” Universalism
182
5       Human Rights and Other Values
187
Rights and Dignity
189
Rights in the Public Sphere
193
Rights between the Individual and the State
193
Rights and Society
195
Human Rights in the Private Sphere
197
The Horizontal Application of Rights
198
Human Rights as Guiding Principles
200
Between Morality and Law
203
Beyond Rights
205
Claiming vs. Giving
206
The Right Not to Claim Rights
208
Rights and the Pursuit of Happiness
211
Rights and Ethics
212
Conclusion
214
Bibliography
217
Index
233



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