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Quite Enough (Still): Human Rights in (Times of) Crisis

Florian Hoffmann

in The Struggle for Human Rights: Essays in honour of Philip Alston

Published in print:
2021
Published Online:
January 2022
ISBN:
9780198868064
eISBN:
9780191914454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868064.003.0025
Subject:
Law, Company and Commercial Law, Public International Law

This contribution engages with the current wave of fundamental critiques of human rights by both the populist political right and different quarters of the academy, a predicament Philip Alston has ... More


Messages from the Front Line: Parliamentarians’ Perspectives on Rights Protection

Carolyn Evans and Simon Evans

in The Legal Protection of Human Rights: Sceptical Essays

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606078
eISBN:
9780191729720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606078.003.0016
Subject:
Law, Human Rights and Immigration

Drawing on research relating to the Australian Federal Parliament, this chapter examines the argument that the new statutory bills of rights encourage parliaments to play a more significant role in ... More


Rights, History, Critique

Martti Koskenniemi

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0002
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Rights are an inextricable part of contemporary domestic and international legal speech. They appear in political manifestoes and professional vocabularies and they are used to defend agendas of ... More


Reflections on Human Rights and Power

Pablo Gilabert

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0023
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This chapter explores the tensions between the normative ideal of human rights and the facts of asymmetric power. First, it reconstructs and assesses important power-related worries about human ... More


Reflections on Human Rights and Power: A Commentary

Elizabeth Frazer

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0024
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This commentary focuses on two elements of Gilabert’s argument. These are, first, the account of and treatment of the question of the ‘existence’ or otherwise of human rights, and second, the use of ... More


Conclusion: Capability Without Rights

Poulami Roychowdhury

in Capable Women, Incapable States: Negotiating Violence and Rights in India

Published in print:
2020
Published Online:
December 2020
ISBN:
9780190881894
eISBN:
9780197533888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190881894.003.0012
Subject:
Sociology, Politics, Social Movements and Social Change, Gender and Sexuality

The central finding of this book is that women negotiate rights in India not by performing victimhood but by becoming capable: deploying collective threats and doing the work of the state themselves. ... More


Dwelling in Possibility: Ideals, Aspirations, and Human Rights

Kimberley Brownlee

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0019
Subject:
Philosophy, Moral Philosophy, Political Philosophy

One putative test for human rights is feasibility. This chapter questions the merits of this test. First, it distinguishes two different notions of feasibility. One is that of in principle ... More


Doing Without an Original: A Commentary on Martti Koskenniemi

Annabel Brett

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0003
Subject:
Philosophy, Moral Philosophy, Political Philosophy

It is only by stepping out of ‘human rights’ that we can properly see what is involved in claiming them. Both our rights, and we ourselves, are the product of history, a history of language that is ... More


In What Sense Should Respect for Human Rights Be Attainable?: A Response to Brownlee

Rowan Cruft

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0020
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This chapter initially disputes Brownlee’s claim that because human rights are ideals, they cannot be subject to feasibility requirements. The chapter goes on to consider an alternative, more complex ... More


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