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Moral and Political Conceptions of Human Rights
In recent years, political philosophers have debated whether human rights are a special class of moral rights we all possess simply by virtue of our common humanity and which are universal in time and space, or whether they are essentially modern political constructs defined by the role they play in an international legal-political practice that regulates the relationship between the governments of sovereign states and their citizens. This edited volume sets out to further this debate and move it ahead by rethinking some of its fundamental premises and applying it to new and challenging domains, such as socio-economic rights, indigenous rights, the rights of immigrants and the human rights responsibilities of corporations. Beyond the philosophy of human rights, the book has a broader relevance by contributing to key themes in the methodology of political philosophy and addressing urgent issues in contemporary global policy making.
The Legitimacy of International Human Rights Regimes
The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Human Rights and Populism
For decades, framing an issue as a ‘human rights’ issue carried certain power and effect in politics and international relations, one that has been challenged by the recent rise of populist political forces. Ford explores the recent impact of populist politics on the universalist human rights project, in particular, how scholars have framed and responded to this challenge. Ford offers a provocation to the human rights movement. Rather than ‘what have populists done to human rights?’, it asks ‘how did we, the human rights movement, do this to ourselves?’ How did fundamental protections for all become so easily scapegoated as ‘us and them,’ as claims of small, often foreign, mi...
The Limits of the Legal Complex
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which ...
The Foundations of Deliberative Democracy
Examines the interplay between the normative and empirical aspects of the deliberative model of democracy.
Legitimacy of Unseen Actors in International Adjudication
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
Migration, Recognition and Critical Theory
This book brings together philosophical, social-theoretical and empirically oriented contributions on the philosophical and socio-theoretical debate on migration and integration, using the instruments of recognition as a normative and social-scientific category. Furthermore, the theoretical and practical implications of recognition theory are reflected through the case of migration. Migration movements, refugees and the associated tensions are phenomena that have become the focus of scientific, political and public debate in recent years. Migrants, in particular refugees, face many injustices and are especially vulnerable, but the right-wing political discourse presents them as threats to so...
Sentientist Politics
There is now widespread agreement that many non-human animals are sentient, and that this fact has important moral and political implications. This book is devoted to sketching what this 'sentientist politics' might look like.
Radical Democracy and Populism
This book offers an extensive comparative analysis of populism and radical democratic theories, tracing the line dividing the respective conceptions of ‘people’ and ‘popular sovereignty’. Whereas populism is often said to intertwine with democracy in some way, the contention of this book is that it significantly departs from democratic theory and practice, and belongs to a distinct conceptual space. It cannot be made to overlap, for instance, with “illiberal democracy”, the “democratic myth”, a crude electoral majoritarianism, nor can it amount to hiding undemocratic policies into properly democratic justifications. These positions, frequent as they are in the literature, are...
Parliaments and the European Court of Human Rights
Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.
