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Griffin, James On Human Rights ISBN 13: 9780199238781

On Human Rights - Hardcover

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9780199238781: On Human Rights

Synopsis

What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights.

First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term "human rights" (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right.

Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights--for instance the idea of a human right to health. His goal is a substantive account of human rights--an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world.

We can't do without the idea of human rights, and we need to get clear about it. It is our job now--the job of this book--to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

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About the Author


James Griffin is White's Professor of Moral Philosophy Emeritus at the University of Oxford; Visiting Professor of Philosophy at Rutgers University; and Adjunct Professor at the Centre for Applied Philosophy and Public Ethics, Canberra.

Review


"thoughtful, interesting, informative, often illuminating." --Social Theory and Practice


"This book is a masterpiece ...it will be studied for a long time to come."--Brad Hooker, Oxford Journal of Legal Studies


"James Griffin's new book is a singular contribution to the philosophy of human rights. In it he defends his own well-thought-out account with great subtlety and ingenuity, but the exposition of his account and the discussion of the important issues are so nicely structured and so clear and well-informed that the book could clearly be used as a text in an undergraduate course. At the same time, Griffin's exposition of his view is so subtle and nuanced and the arguments so careful and cogent that the book is an essential work for specialists in the field... his book shows that philosophers have an important contribution to make to the conceptual and moral issues that are at the heart of much ongoing discourse on the nature and content of human rights."--William J. Talbott, Notre Dame Philosophical Reviews


"Arguably the most significant philosophical meditation on human rights...[since] the Universal Declaration of Human Rights.... Not only the most powerful, fully elaborated contemporary philosophical contribution to the topic, but also one that has put in place many of the foundations on which any future work should build."--John Tasioulas, Ethics


"A fresh and timely look at the whole field of human rights. Griffin adroitly picks his way through this judicial and moral minefield in which a person's perception of a 'human right' can be condemned as a crime by someone of a different political or religious background."--Patricia Allen, Northern Echo


"James Griffin modestly sees his book as an early contribution to a theoretical critique of modern interpretations of rights, but it is more significant than that. Academic, intellectually demanding, clearly written and rigorously thought through. This is not a polemic but an important work of scholarly philosophy, one that may lead to a fundamental reappraisal of something that impinges ever more closely upon us. It is also one of those books that make philosophy matter."--Alan Judd, The Spectator


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  • PublisherOxford University Press
  • Publication date2008
  • ISBN 10 0199238782
  • ISBN 13 9780199238781
  • BindingHardcover
  • LanguageEnglish
  • Edition number1
  • Number of pages354
  • Rating
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Hardcover with dust jacket. Condition: Sehr gut. XIII, 339 p. Das Exemplar ist in einem sehr guten und sauberen Zustand ohne Anstreichungen. The copy is in a very good and clean condition without markings. - Contents - Introduction - PART I: AN ACCOUNT OF HUMAN RIGHTS - 1. Human Rights: The Incomplete Idea - 1.1 The Enlightenment project on human rights - 1.2 The indeterminateness of the term 'human right' - 1.3 Remedies for the indeterminateness - 1.4 Different approaches to explaining rights: substantive and structural accounts - 1.5 A different kind of substantive account - 1.6 How should we go about completing the idea? - 2. First Steps in an Account of Human Rights - 2.1 Top-down and bottom-up accounts - 2.2 The human rights tradition - 2.3 A proposal of a substantive account - 2.4 One ground for human rights: personhood - 2.5 A second ground: practicalities - 2.6 Is there a third ground?: equality - 2.7 How we should understand 'agency'? - 2.8 In what sense are human rights 'universal'? - 2.9 Do we need a more pluralist account? - 3. When Human Rights Conflict - 3.1 One of the central questions of ethics - 3.2 Conflicts between human rights themselves - 3.3 Are human rights co-possible? - 3.4 Conflicts between a human right and other kinds of moral consideration - 3.5 A proposal and a qualification - 3.6 A step beyond intuition - 3.7 Some ways in which human rights resist trade-offs - 3.8 Reprise - 4. Whose Rights? - 4.1 The scope of the question - 4.2 Potential agents - 4.3 The inference from moral weight to human rights - 4.4 Need accounts of human rights - 4.5 A class of rights on their own? - 4.6 A role for stipulation - 4.7 Coming into rights in stages - 5. My Rights: But Whose Duties? - 5.1 Introduction - 5.2 What duties? - 5.3 Whose duties? - 5.4 Primary and secondary duties - 5.5 AIDS in Africa - 5.6 Can there be rights without indentifiable duty-bearers? - 6. The Metaphysics of Human Rights - 6.1 Two models of value judgement - 6.2 Human interests and the natural world - 6.3 The test of the best explanation - 6.4 The metaphysics of human rights - 7. The Relativity and Ethnocentricity of Human Rights - 7.1 Ethical relativity - 7.2 The relativity of human rights - 7.3 What is the problem of ethnocentricity? - 7.4 Tolerance - PART II: HIGHEST-LEVEL HUMAN RIGHTS - 8. Autonomy - 8.1 The three highest-level human rights - 8.2 The distinction between autonomy and liberty - 8.3 The value of autonomy - 8.4 The content of the right to autonomy - 8.5 Autonomy and free will: what if we are not autonomous? - 9. Liberty - 9.1 Highest-level rights - 9.2 Broad and narrow interpretations of liberty - 9.3 'Pursuit' - 9.4 Negative and positive sides of liberty - 9.5 How demanding is the right? - 9.6 Mill's 'one very simple principle' of liberty - 9.7 Generalizing the results - 10. Welfare - 10.1 The historical growth of rights - 10.2 Welfare: a civil, not a human, right? - 10.3 A case for a human right to welfare - 10.4 Is the proposed right too demanding? - 10.5 The undeserving poor - 10.6 Human rights, legal rights, and rights in the United Nations - PART III: APPLICATIONS - 11. Human Rights: Discrepancies Between Philosophy and International Law - 11.1 Applications of the personhood account - 11.2 Bringing philosophical theory and legal practice together - 11.3 The list of human rights that emerges from the personhood account - 11.4 Current legal lists: civil and political rights - 11.5 Interlude on the aims and status of international law - 11.6 Current legal lists: economic, social, and cultural rights - 11.7 The future of international lists of human rights - 12. A Right to Life, a Right to Death - 12.1 The scope of the right to life - 12.2 Locke on the scope of the right - 12.3 Personhood as the ground of the right - 12.4 From a right to life to a right to death - 12.5 Is there a right to death? - 12.6 Is it a positive or a negative right? - 13. Privacy - 13.1 Personhood and the content of a human right to privacy - 13.2 Legal approaches to the right to privacy - 13.3 How broad is the right?: (1) privacy of information, (ii) privacy of space and life, and (iii) the privacy of liberty - 13.4 A proposal about the right to privacy - 13.5 Privacy versus freedom of expression and the right to information - 14. Do Human Rights Require Democracy? - 14.1 Two plausible lines of thought - 14.2 Autonomy and liberty - 14.3 Democracy - 14.4 Do human rights require democracy? - 14.5 In modern conditions? - 15. Group Rights - 15.1 Three generations of rights - 15.2 No quick way of dismissing group rights - 15.3 A case for group rights: the good-based argument - 15.4 Another case for group rights: the justice-based argument - 15.5 Exclusion - 15.6 Reduction - 15.7 What is left? - Notes - Index. ISBN 9780199238781 Sprache: Englisch Gewicht in Gramm: 585. Seller Inventory # 1248543

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