A Philosophical Introduction to Human Rights (Law in Context)
Cambridge University Press, 9/24/2020
EAN 9781108402828, ISBN10: 1108402828
Paperback, 312 pages, 24.4 x 17 x 1.8 cm
Language: English
Originally published in English
While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.
1. Legal philosophy and human rights
Part I. Backgrounds of the universal declaration
2. The political and juridical context of the universal declaration
3. The philosophical context of the universal declaration
4. Human dignity
5. Intermezzo I
Part II. Negative freedom
6. Everyone has the right to life
7. No one shall be subjected to torture
8. No one shall be unfairly punished
9. Everyone has the right to their own space
10. Everyone has the right to property
Part III. Positive freedom
11. Everyone has the right to take part in the government of his country
12. Everyone has the right to 'nationality'
13. Everyone has the right to belong
14. Everyone has the right to a decent standard of living
15. Everyone has the right to international legal protection
Part IV. Duties and virtues
16. Intermezzo II
17. Everyone has the duty to obedience
18. Everyone has the duty to behave with moderation.