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The Heart of Human Rights (Hardcover)
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The Heart of Human Rights (Hardcover)
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This is the first attempt to provide an in-depth moral assessment
of the heart of the modern human rights enterprise: the system of
international legal human rights. It is international human rights
law-not any philosophical theory of moral human rights or any
"folk" conception of moral human rights-that serves as the lingua
franca of modern human rights practice. Yet contemporary
philosophers have had little to say about international legal human
rights. They have tended to assume, rather than to argue, that
international legal human rights, if morally justified, must mirror
or at least help realize moral human rights. But this assumption is
mistaken. International legal human rights, like many other legal
rights, can be justified by several different types of moral
considerations, of which the need to realize a corresponding moral
right is only one. Further, this volume shows that some of the most
important international legal human rights cannot be adequately
justified by appeal to corresponding moral human rights. The
problem is that the content of these international legal human
rights-the full set of correlative duties-is much broader than can
be justified by appealing to the morally important interests of any
individual. In addition, it is necessary to examine the legitimacy
of the institutions that create, interpret, and implement
international human rights law and to defend the claim that
international human rights law should "trump" the domestic law of
even the most admirable constitutional democracies.
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