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Group Rights as Human Rights
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on t...
The Concept of Group Rights in International Law
Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.
A Dialogical Concept of Minority Rights
In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
The Cambridge Handbook of Privatization
This volume explores the questions of what makes some goods and services fundamentally public and why.
Cultural Diversity Versus Economic Solidarity
Du fait de l'immigration, la diversité culturelle et linguistique de nos sociétés a tendance à augmenter. Du fait d'interdépendances multiples, nous devons aussi de plus en plus fonctionner au niveau d'entités plurinationales, comme l'Union européenne, qui connaissent une diversité culturelle et linguistique sensiblement plus grande que chacune de leurs composantes. N'est-il pas d'autant plus difficile d'organiser durablement une solidarité généreuse au sein d'une population qu'elle est plus hétérogène culturellement et linguistiquement ? Si c'est le cas, les politiques dites " multiculturelles " sont-elle de nature à adoucir cette tension ou au contraire à l'exacerber ? C'est autour de ces questions que Philippe Van Parijs a rassemblé des chercheurs de divers horizons, mondialement réputés, pour deux jours de discussion intense. Ce livre reprend l'ensemble des communications et commentaires, suivi de conclusions personnelles par Brian Barry, Will Kymlicka et Philippe Van Parijs.
Conflicts of Rights in the European Union
Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.
Good Data
Moving away from the strong body of critique of pervasive ?bad data? practices by both governments and private actors in the globalized digital economy, this book aims to paint an alternative, more optimistic but still pragmatic picture of the datafied future. The authors examine and propose ?good data? practices, values and principles from an interdisciplinary, international perspective. From ideas of data sovereignty and justice, to manifestos for change and calls for activism, this collection opens a multifaceted conversation on the kinds of futures we want to see, and presents concrete steps on how we can start realizing good data in practice.
Beyond Constitutionalism
Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they...
Rethinking Political Thinkers
Rethinking Political Thinkers explores a uniquely diverse set of political thinkers, from traditionally canonical theorists such as Plato, Aristotle, Machiavelli, Hobbes, Locke, and Mill, to marginalized women and thinkers of color, such as hooks, Du Bois, Butler, Fanon, Firestone, Said, and Goldman. Placing traditional thinkers alongside and in conversation with neglected and unheard voices opens up important debates, and presents political thought in a new light. Each thinker is examined within the contexts of patriarchy, white supremacy, and imperialism, and the relations and structures of race, gender, and class which different theories have reflected, defended, or challenged. The text i...
Authority in Transnational Legal Theory
The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.
