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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Human Rights Law and the Marginalized Other (Hardcover)
Loot Price: R2,547
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Human Rights Law and the Marginalized Other (Hardcover)
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This is a groundbreaking application of contemporary philosophy to
human rights law that proposes several significant innovations for
the progressive development of human rights. Drawing on the works
of prominent philosophers of the Other including Emmanuel Levinas,
Gayatri Chakravorti Spivak, Judith Butler, and most centrally the
Argentine philosopher of liberation Enrique Dussel, this book
develops an ethics based on concrete face-to-face relationships
with the Marginalized Other. It proposes that this ethics should
inspire a human rights law that is grounded in transcendental
justice and framed from the perspective of marginalized groups.
Such law would continuously deconstruct the original violence found
in all human rights treaties and tribunals and promote preferential
treatment for the marginalized. It would be especially attentive to
such issues as access to justice, voice, representation, agency,
and responsibility. This approach differs markedly from more
conventional theories of human rights that prioritize the autonomy
of the ego, state sovereignty, democracy, and/or equality.
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