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Can Human Rights and National Sovereignty Coexist?
Looking at two of the key paradigms of the post-Cold War era–national sovereignty, and human rights – this book examines the possibilities for their reconciliation from a global perspective. The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements, and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integrat...
Universal Minority Rights?
"Proceedings of the fifth Kobe lectures, Tokyo and Kyoto, December 1998."--T.p.
The Morality of Defensive Force
"This book provides an account of the central moral principles that regulate the permissible use of defensive force. Quong argues that we cannot understand the morality of defensive force until we ask and answer deeper questions about how the use of defensive force fits with a more general account of justice and moral rights. In developing this view the book offers original accounts of liability, proportionality, and necessity. Quong also argues, contra the dominant view in the literature, that self-defense can sometimes be justified on the basis of an agent-relative prerogative to give greater weight to one's own life and interests. The book also provides a novel conception of individual ri...
Multiculturalism in Turkey
Looks at the situation of Kurds in Turkey through the lens of multiculturalism, giving us a fresh and new comparative perspective.
Law, Reason and Emotion
Volume III: Working Groups
Proceedings of the 21st IVR World Congress, Lund, Sweden, 12-17 August, 2003: Justice
Selected Articles B. McLachlin: Imagining the Other: Legal Rights and Diversity in the Modern World A. R. Bernstein: Rawls' Law of Peoples on Just War, Human Rights and Toleration C. Brown: Decent Peoples, Outlaw States, Burdened Societies Kok-chor Tan: Nationalism and Cosmopolitanism in The Law of Peoples A. Macleod: Rawls on Human Rights D. A. Reidy: Rawls on Global Economic Justice I. Trujillo: How Can the International Duty of Assistance Be Justified F. J. Blazques Ruiz: Derechos humanos, Globalizacion, Migraciones J. A Baker: The Conceptual Geography of Restorative Justice H. Khatchadourian: Compensation & Reparation as Forms of Compensatory Justice R. Madrid: Deconstruction and Universality of Law B. Bravo Lira: Fortdauer und Problematik des Rechtsstaats in Iberoamerika R. Tamayo: Rights, Distribution, and Access to Justice I. B. Flores: Assessing Democracy and Rule of Law: Access to Justice R. Vazquez: On Equality and Education S. Morimura: The Nature of Obligation to Future Generations F. Fernandez-Creuhet Lopez: Good Practice: a Critical View M. J. Falcon y Tella: The Presumption of Innocence and Civil Disobedience C. B. Gray: Two Visions of Equality a.o.
Epistemology and Ontology
Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garc�a Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant's Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Constr...
Human Rights and Human Nature
This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and their concomitant critiques. They address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan.
