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Collective Rights
A Legal Theory

$103.00

  • Date Published: February 2012
  • availability: In stock
  • format: Hardback
  • isbn: 9781107007383

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About the Authors
  • In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights.

    • Legal-theoretical account of the topic helps readers differentiate between the problems of legal conceptualisation and other relevant issues which concern collective rights
    • Grounded in the normative-moral view of 'value collectivism', but sheds new light on the dominant standpoint of 'value individualism', which takes collectives to be only instrumentally, and not inherently, valuable
    • Demonstrates how the topic is connected to the larger philosophical debate about the international law of human rights
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    Product details

    • Date Published: February 2012
    • format: Hardback
    • isbn: 9781107007383
    • length: 240 pages
    • dimensions: 229 x 152 x 14 mm
    • weight: 0.49kg
    • availability: In stock
  • Table of Contents

    Introduction
    1. What it means for a theory of collective rights to be legal - reflections on methodology
    2. Theories of rights and collectives as right-holders
    3. Collective rights as a distinctive legal concept
    4. Appendix: are there universal collective rights?
    Conclusion: collectives as the third type of right-holders.

  • Author

    Miodrag A. Jovanović, University of Belgrade
    Miodrag A. Jovanović is an Аssociate Professor at the Faculty of Law, University of Belgrade. He is also a scholar of the Alexander von Humboldt Foundation and serves the president of the Serbian section of the International Association of Legal and Social Philosophy (IVR).

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