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Human Rights, Democracy, and Legitimacy in a World of Disorder

£95.00

Mathias Risse, Gerald L. Neuman, Frank I. Michelman, Wilfried Hinsch, Samuel Moyn, Silja Voeneky, I. Glenn Cohen, Alicia Ely Yamin, Tyler Giannini, Iris Goldner Lang, Vlad Perju
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  • Date Published: October 2018
  • availability: In stock
  • format: Hardback
  • isbn: 9781108420945

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  • Human Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Made up of essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may bring order to the global community.

    • Shows how and why human rights and the concept of legitimacy matters in a world of disorder and in the twenty-first century
    • Includes articles of philosophers, a historian, and legal scholars from the US and Europe
    • Explores the concepts of legitimacy and democracy with regard to fundamental questions and current concrete problems
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    Product details

    • Date Published: October 2018
    • format: Hardback
    • isbn: 9781108420945
    • length: 314 pages
    • dimensions: 235 x 157 x 21 mm
    • weight: 0.56kg
    • availability: In stock
  • Table of Contents

    Introduction
    Part I. General Aspects of Human Rights, Democracy, and Legitimacy:
    1. Human rights as membership rights in the world society Mathias Risse
    2. Human rights, treaties, and international legitimacy Gerald L. Neuman
    3. Human rights and constitutional rights: a proceduralizing function for substantive constitutional law? Frank I. Michelman
    4. Expectation-based legitimacy Wilfried Hinsch
    5. The second bill of rights: a reconsideration Samuel Moyn
    Part II. Current Problems of Human Rights, Democracy, and Legitimacy:
    6. Human rights and the legitimate governance of existential and global catastrophic risks Silja Voeneky
    7. On the human right to health: statistical lives, contingent persons, and other difficult questions I. Glenn Cohen
    8. Democracy, health systems, and the right to health: narratives of charity, markets, and citizenship Alicia Ely Yamin
    9. Political legitimacy and private governance of human rights: community-business social contracts and constitutional moments Tyler Giannini
    10. Human rights and legitimacy in the implementation of EU asylum and migration law Iris Goldner Lang
    11. On uses and misuses of human rights in European constitutionalism Vlad Perju.

  • Editors

    Silja Voeneky, Albert-Ludwigs-Universität Freiburg, Germany
    Silja Voeneky is Professor of Public International Law, Comparative Law, and Ethics of Law at the University of Freiburg, Germany. She was a Fellow at Harvard Law School and will be a Fellow at the 2018–19 FRIAS Research Group on Ethics and AI. Her areas of focus include Security Law, Humanitarian Law, International Environmental Law, Human Rights Law, the interdependence of Ethics and Law and questions on Legitimacy, Democracy, and Biomedicine. She previously served as Director of the Max Planck Research Group 'Democratic Legitimacy of Ethical Decisions' and was a member of the German Ethics Council from 2012–16 appointed by the Federal Government.

    Gerald L. Neuman, Harvard University, Massachusetts
    Gerald L. Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School, and Co-Director of its Human Rights Program. He teaches human rights, constitutional law, and immigration and nationality law. He is the author of Strangers to the Constitution: Immigrants, Borders, and Fundamental Law (1996), co-author of the casebook Human Rights (2009), and co-editor of Reconsidering the Insular Cases: The Past and Future of the American Empire (2015). He served as a member of the UN Human Rights Committee from 2011 to 2014.

    Contributors

    Mathias Risse, Gerald L. Neuman, Frank I. Michelman, Wilfried Hinsch, Samuel Moyn, Silja Voeneky, I. Glenn Cohen, Alicia Ely Yamin, Tyler Giannini, Iris Goldner Lang, Vlad Perju

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