Debating Social Rights

Gearty, Conor; Mantouvalou, Virginia

ISBN 10: 184946023X / ISBN 13: 9781849460231

Published by Hart Publishing, 2011

About this Item

Unread book in perfect condition.

Seller Inventory # 11535876

Bibliographic Details

• Title: Debating Social Rights
• Publisher: Hart Publishing
• Publication Date: 2011
• Language: English
• ISBN 10: 184946023X
• ISBN 13: 9781849460231
• Binding: Soft cover
• Condition: As New

About this title

Synopsis

'Debating Law' is a new series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest.

In this second volume of the series, Conor Gearty argues that for rights to work effectively in the wider promotion of social justice, they need to be kept as far away as possible from the courts. He acknowledges the value of rights language in legal and political debate and accepts that human rights are not solely civil and political, with social rights language clearly having a progressive, emancipatory dimension. However he says that lawyers - even well-intentioned lawyers - damage the achievability of the kind of radical transformation in the priorities of states that a genuine commitment to social rights surely necessitates. Virginia Mantouvalou argues that social rights, defined as entitlements to the satisfaction of basic needs, are as essential for the well-being of the individual and the community as long-established civil and political rights. The real challenge, she suggests, is how best to give effect to social rights. Drawing on examples from around the world, she argues for their 'legalisation', and examines the role of courts and the role of legislatures in this process, both at a national and a international level.

About the Authors

Conor Gearty is Professor of Human Rights Law at the London School of Economics and Political Science.

Virginia Mantouvalou is Professor of Human Rights and Labour Law at UCL Faculty of Laws.

Peter Cane is Emeritus Distinguished Professor of Law at the Australian National University College of Law, and before that a Professor of Law at Corpus Christi College, Oxford. He is the author of numerous books on law, including Atiyah's Accidents, Compensation and the Law (8th ed, 2013), Responsibility in Law and Morality (2003), The Anatomy of Tort Law (1997), Tort Law and Economic Interests (2nd ed, 1996), and Administrative Law (5th ed, 2011).