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This is an innovative contribution to the philosophy of human
rights. Considering both legal and philosophical scholarship, the
views here bear an importance on the legitimacy of international
politics and international law. As a result of more than 10 years
of research, this revised edition engages with current debates
through the help of new sections. Pluralistic universalism
considers that, while formal filtering criteria constitute
unavoidable requirements for the production of potentially valid
arguments, the exemplarity of judgmental activity, in its turn,
provides a pluralistic and retrospective reinterpretation for the
fixity of such criteria. While speech formal standards grounds the
thinnest possible presuppositions we can make as humans, the
discursive exemplarity of judgments defends a notion of validity
which is both contextually dependent and "subjectively universal".
According to this approach, human rights principles are embedded
within our linguistic argumentative practice. It is precisely from
the intersubjective and dialogical relation among speakers that we
come to reflect upon those same conditions of validity of our
arguments. Once translated into national and regional
constitutional norms, the discursive validity of exemplar judgments
postulates the philosophical necessity for an ideal of
legal-constitutional pluralism, challenging all those attempts
trying to frustrate both horizontal (state to state) and vertical
(supra-national-state-social) on-going debates on human rights. On
the first edition of this book: "Claudio Corradetti's book is a
thoughtful attempt to find an adequate theoretical foundation for
human rights. Its approach is interdisciplinary in nature, drawing
on issues in analytical philosophy as well as contemporary
political theorists, and the result is a densely argued text aimed
at scholars ... ." (Andrew Lambert, Metapsychology Online Reviews,
Vol. 14 (3), January, 2010)
Why is there so much attention on Kant's global politics in present
day law and philosophy? This book highlights the potential
fruitfulness of Kant's cosmopolitan thought for understanding the
complexities of the contemporary political world. It adopts a
double methodological strategy by reconstructing a genealogical
conceptual journey showing the development of international law, as
well as introducing an interpretation of cosmopolitanism centred on
Kant's theory of a metaphysics of freedom. The result is a novel
focus on Kant's notion of the world republic. The hypothesis here
defended is that the world republic stands as a way of thinking
about international politics where the possibility of progression
towards peace results from its use as a regulative idea.
This book presents a unique collection of the most relevant
perspectives in contemporary human rights philosophy. Different
intellectual traditions are brought together to explore some of the
core postmodern issues challenging standard justifications. Widely
accessible also to non experts, contributions aim at opening new
perspectives on the state of the art of the philosophy of human
rights. This makes this book particularly suitable to human rights
experts as well as master and doctoral students. Further, while
conceived in a uniform and homogeneous way, the book is internally
organized around three central themes: an introduction to theories
of rights and their relation to values; a set of contributions
presenting some of the most influential contemporary strategies;
and finally a number of articles evaluating those empirical
challenges springing from the implementation of human rights. This
specific set-up of the book provides readers with a stimulating
presentation of a growing and interconnecting number of problems
that post-natural law theories face today. While most of the
contributions are new and specifically conceived for the present
occasion, the volume includes also some recently published
influential essays on rights, democracy and their political
implementation.
This book addresses the theoretical underpinnings of the field of
transitional justice, something that has hitherto been lacking both
in study and practice. With the common goal of clarifying some of
the theoretical profiles of transitional justice strategies, the
study is organized along crucial intersections evaluating aspects
connected to the genealogy, the nature, the scope and the most
appropriate methodology for the study of transitional justice. The
chapters also take up normative and political considerations
pertaining to specific transitional instruments such as war crime
tribunals, truth commissions, administrative purges, reparations,
and historical commissions. Bringing together some of the most
original writings from established experts as well as from
promising young scholars in the field, the collection will be an
essential resource for researchers, academics and policy-makers in
Law, Philosophy, Politics, and Sociology.
Why is there so much attention on Kant's global politics in present
day law and philosophy? This book highlights the potential
fruitfulness of Kant's cosmopolitan thought for understanding the
complexities of the contemporary political world. It adopts a
double methodological strategy by reconstructing a genealogical
conceptual journey showing the development of international law, as
well as introducing an interpretation of cosmopolitanism centred on
Kant's theory of a metaphysics of freedom. The result is a novel
focus on Kant's notion of the world republic. The hypothesis here
defended is that the world republic stands as a way of thinking
about international politics where the possibility of progression
towards peace results from its use as a regulative idea.
This book presents a unique collection of the most relevant
perspectives in contemporary human rights philosophy. Different
intellectual traditions are brought together to explore some of the
core postmodern issues challenging standard justifications. Widely
accessible also to non experts, contributions aim at opening new
perspectives on the state of the art of the philosophy of human
rights. This makes this book particularly suitable to human rights
experts as well as master and doctoral students. Further, while
conceived in a uniform and homogeneous way, the book is internally
organized around three central themes: an introduction to theories
of rights and their relation to values; a set of contributions
presenting some of the most influential contemporary strategies;
and finally a number of articles evaluating those empirical
challenges springing from the implementation of human rights. This
specific set-up of the book provides readers with a stimulating
presentation of a growing and interconnecting number of problems
that post-natural law theories face today. While most of the
contributions are new and specifically conceived for the present
occasion, the volume includes also some recently published
influential essays on rights, democracy and their political
implementation.
This book addresses the theoretical underpinnings of the field of
transitional justice, something that has hitherto been lacking both
in study and practice. With the common goal of clarifying some of
the theoretical profiles of transitional justice strategies, the
study is organized along crucial intersections evaluating aspects
connected to the genealogy, the nature, the scope and the most
appropriate methodology for the study of transitional justice. The
chapters also take up normative and political considerations
pertaining to specific transitional instruments such as war crime
tribunals, truth commissions, administrative purges, reparations,
and historical commissions. Bringing together some of the most
original writings from established experts as well as from
promising young scholars in the field, the collection will be an
essential resource for researchers, academics and policy-makers in
Law, Philosophy, Politics, and Sociology.
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