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Debating Social Rights (Paperback, New)
Loot Price: R1,199
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Debating Social Rights (Paperback, New)
Series: Debating Law
Expected to ship within 10 - 15 working days
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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.
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