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In Pursuit of Human Dignity: An Introduction to Current Debates

Christopher McCrudden

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0001
Subject:
Law, Human Rights and Immigration

The discussion of human dignity raises such complex issues, and the issues that current scholarship now considers central to its understanding is so daunting that we are in danger of not being able ... More


Towards a General Theory of Human Rights Planning: Part II

Azadeh Chalabi

in National Human Rights Action Planning

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198822844
eISBN:
9780191861291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822844.003.0003
Subject:
Law, Public International Law

Part I, ‘Theoretical Perspectives’, which is structured in two chapters (Chapters 1 and 2), develops a new general theory of human rights planning including four sub-theories. The first sub-theory, ... More


Understanding Human Dignity

Christopher McCrudden (ed.)

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.001.0001
Subject:
Law, Human Rights and Immigration

The concept of human dignity has become central to political philosophy and legal discourse on human rights, but it remains enigmatic. Understanding Human Dignity is a book of original essays by a ... More


Human Rights, Natural Rights, and Human Dignity

A. John Simmons

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0007
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explores various foundational accounts of human rights theory. It considers centrally the accounts of Jeremy Waldron and Charles Beitz. It suggests that a natural rights account can ... More


Human Rights between Religions, Cultures, and Universality *

Olivier Roy and Pasquale Annicchino

in The Cultural Dimension of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199642120
eISBN:
9780191770401
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642120.003.0002
Subject:
Law, Human Rights and Immigration

Human Rights are traditionally understood as a set of universal, inalienable, and individual rights. Nevertheless different histories, political interests, and cultural contexts have contributed to ... More


Human Rights in a Posthuman World

Upendra Baxi

Published in print:
2009
Published Online:
October 2012
ISBN:
9780198061762
eISBN:
9780199080212
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198061762.001.0001
Subject:
Law, Human Rights and Immigration

This book discusses and combines the different reflections on the human rights theory in the contemporary human condition, which was delineated by the discourses on development, terror, and the ... More


Towards a General Theory of Human Rights Planning: Part I

Azadeh Chalabi

in National Human Rights Action Planning

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198822844
eISBN:
9780191861291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822844.003.0002
Subject:
Law, Public International Law

Part I, ‘Theoretical Perspectives’, which is structured in two chapters (Chapters 1 and 2), develops a new general theory of human rights planning. This theory contains four sub-theories: 1. ... More


Human Rights Theory and Comparative International Law Scholarship

Christopher McCrudden

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0019
Subject:
Law, Public International Law, Constitutional and Administrative Law

An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the ... More


Assigning Functions to Human Rights: Methodological Issues in Human Rights Theory

James W. Nickel

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/9780198713258.003.0009
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Theorists who assign functions to human rights often simply announce them as if they were obvious. Assigning a defining or typical function to a concept, artefact, or practice is not a ... More


Rescuing Proportionality

George Letsas

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0018
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter addresses the normative foundations of the principle of proportionality, as used in human rights adjudication. The first part of the chapter mounts a critique against the orthodox ... More


Introduction

Azadeh Chalabi

in National Human Rights Action Planning

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198822844
eISBN:
9780191861291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822844.003.0001
Subject:
Law, Public International Law

This book deals with human rights action planning from theoretical, doctrinal, empirical, and practical perspectives. It is structured into four parts and seven chapters. The first part is composed ... More


National Human Rights Action Planning

Azadeh Chalabi

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198822844
eISBN:
9780191861291
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822844.001.0001
Subject:
Law, Public International Law

This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives in order to put forward a new account of such ... More


The Illogic of Cultural Relativism in Global Human Rights Debate

Lea Brilmayer and Tian Huang

in The Global Community Yearbook of International Law and Jurisprudence 2014: Volume I

Published in print:
2015
Published Online:
October 2015
ISBN:
9780190270513
eISBN:
9780190271909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190270513.003.0002
Subject:
Law, Public International Law

The most important debate in contemporary human rights theory is between the universalist position that all people have identical rights and the cultural relativist claim that rights exist only in ... More


The Margin of Appreciation Revisited: A Response to Follesdal

George Letsas

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/9780198713258.003.0018
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The idea that states have discretion in complying with their human rights obligations, and the idea that human rights obligations should be compatible with a degree of diversity between states, are ... More


Litigating Religions: An Essay on Human Rights, Courts, and Beliefs

Christopher McCrudden

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198759041
eISBN:
9780191818813
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759041.001.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This essay presents an interpretation of how religion and human rights ... More


Could the Progressive ‘Hardening’ of Human Rights Soft Law Impair its Further Expansion?: Insights from the UN Declaration on the Rights of Indigenous Peoples

Léticia Villeneuve (ed.)

in Tracing the Roles of Soft Law in Human Rights

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198791409
eISBN:
9780191833878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198791409.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter points out that although the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) is an important milestone, its adoption was also opposed by four important countries: Australia, ... More


Rights as Security: The Theoretical Basis of Security of Person

Rhonda Powell

Published in print:
2019
Published Online:
April 2019
ISBN:
9780199589111
eISBN:
9780191792557
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199589111.001.0001
Subject:
Law, Human Rights and Immigration

The right to security of person is widely recognized but little understood. Courts, legislatures, scholars, and others disagree about how the right to security of person should be defined. This book ... More


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