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Collective Rights - A Legal Theory (Hardcover, New)
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Collective Rights - A Legal Theory (Hardcover, New)
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In a departure from the mainstream methodology of a
positivist-oriented jurisprudence, Collective Rights provides the
first legal-theoretical treatment of this area. It advances a
normative-moral standpoint of 'value collectivism' which goes
against the traditional political philosophy of liberalism and the
dominant ideas of liberal multiculturalism. Moreover, it places a
theoretical account of collective rights within the larger debate
between proponents of different rights theories. By exploring why
'collective rights' should be differentiated from similar legal
concepts, the relationship between collective and individual rights
and why groups should be recognised as the third distinctive type
of right-holders, it presents the topic as connected to the larger
philosophical debate about international law of human rights, most
notably to the problem of universality of rights.
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