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Human rights and the courts and tribunals that protect them are
increasingly part of our moral, legal, and political circumstances.
The growing salience of human rights has recently brought the
question of their philosophical foundation to the foreground.
Theorists of human rights often assume that their ideal can be
traced to the philosophy of Immanuel Kant and his view of humans as
ends in themselves. Yet, few have attempted to explore exactly how
human rights should be understood in a Kantian framework. The
scholars in this book have gathered to fill this gap. At the center
of Kant's theory of rights is a view of freedom as independence
from domination. The chapters explore the significance of this
theory for the nature of human rights, their justification, and the
legitimacy of international human rights courts.
Human rights and the courts and tribunals that protect them are
increasingly part of our moral, legal, and political circumstances.
The growing salience of human rights has recently brought the
question of their philosophical foundation to the foreground.
Theorists of human rights often assume that their ideal can be
traced to the philosophy of Immanuel Kant and his view of humans as
ends in themselves. Yet, few have attempted to explore exactly how
human rights should be understood in a Kantian framework. The
scholars in this book have gathered to fill this gap. At the center
of Kant's theory of rights is a view of freedom as independence
from domination. The chapters explore the significance of this
theory for the nature of human rights, their justification, and the
legitimacy of international human rights courts.
To Kant, the French revolution's central events were the transfer
of sovereignty to the people in 1789 and the trial and execution of
the monarch in 1792-1793. Through a contextual study, this Element
argues that while both events manifested the principle of popular
sovereignty, the first did so in lawful ways, whereas the latter
was a perversion of the principle. Kant was convinced that
historical examples can help us understand political philosophy,
and this Element seeks to show this in practice.
In recent years, political philosophers have debated whether human
rights are a special class of moral rights we all possess simply by
virtue of our common humanity and which are universal in time and
space, or whether they are essentially modern political constructs
defined by the role they play in an international legal-political
practice that regulates the relationship between the governments of
sovereign states and their citizens. This edited volume sets out to
further this debate and move it ahead by rethinking some of its
fundamental premises and applying it to new and challenging
domains, such as socio-economic rights, indigenous rights, the
rights of immigrants and the human rights responsibilities of
corporations. Beyond the philosophy of human rights, the book has a
broader relevance by contributing to key themes in the methodology
of political philosophy and addressing urgent issues in
contemporary global policy making.
In recent years, political philosophers have debated whether human
rights are a special class of moral rights we all possess simply by
virtue of our common humanity and which are universal in time and
space, or whether they are essentially modern political constructs
defined by the role they play in an international legal-political
practice that regulates the relationship between the governments of
sovereign states and their citizens. This edited volume sets out to
further this debate and move it ahead by rethinking some of its
fundamental premises and applying it to new and challenging
domains, such as socio-economic rights, indigenous rights, the
rights of immigrants and the human rights responsibilities of
corporations. Beyond the philosophy of human rights, the book has a
broader relevance by contributing to key themes in the methodology
of political philosophy and addressing urgent issues in
contemporary global policy making.
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