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What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Bardo Fassbender and Knut Traisbach: Introduction: A Ride on the Human Rights Bus Henry J. Steiner: Prologue: Limits and their Varieties Part 1. Limits of Ideas, Limits of Communities: Paradigms and Biases 1: Lynn Hunt: Humanity and the Claim to Self-Evidence 2: Bardo Fassbender: The Self-Evidence of Human Rights: Origins and Limits of an Idea 3: Kate Nash: Human Rights, Global Justice, and the Limits of Law 4: Mark Goodale: Human Rights beyond the Double Bind of Sovereignty: A Response to Kate Nash 5: David Dyzenhaus: Emergencies and Human Rights: A Hobbesian Analysis 6: Conor Gearty: Reason, Faith, and Feelings: A Response to David Dyzenhaus Part 2. Limits of Functions, Limits of Uses: Actors and Practices 7: Christian Reus-Smit: Being a Realist about Human Rights 8: Basak Cali: Political Limits of International Human Rights: A Response (or a Rejoinder) to Christian Reus-Smit 9: Jan Klabbers: Human Rights Bodies and the Structure of Institutional Obligation 10: Rosa Freedman and Ruth Houghton: Dissecting the Institution: A Response to Jan Klabbers 11: Aryeh Neier: Differentiating Fundamental Rights and Economic Goals 12: Jeremy Perelman: Advocating for Social and Economic Rights-Critical Perspectives: A Response to Aryeh Neier Part 3. Limits of Scope, Limits of Recognition: The Case of Women's Rights 13: Hilary Charlesworth and Christine Chinkin: Between the Margins and the Mainstream: The Case of Women's Rights 14: Bai Guimei: Women's Rights are Human Rights: A Response to Hilary Charlesworth and Christine Chinkin from a Chinese Perspective 15: Martha C. Nussbaum: Women's Progress and Women's Human Rights 16: Fareda Banda: The Limits of Law: A Response to Martha C Nussbaum Part 4. Limits of Pragmatism, Limits of Compromise: The Case of Armed Conflict 17: Frederic Megret: The Limits of the Laws of War 18: Knut Traisbach: The Banality of Humanity (as an Absolute): A Response to Frederic Megret 19: Andrew Clapham: The Limits of Human Rights in Times of Armed Conflict and Other Situations of Armed Violence 20: Yuval Shany: The End of the War/Peace Limit on the Application of International Human Rights Law: A Response to Andrew Clapham Part 5. Limits of Prospects, Limits of Means: An Outlook 21: Mireille Delmas-Marty: The Limits of Human Rights in a Moving World-Elements of a Dynamic Approach 22: Marie-Benedicte Dembour: Where are the Limits of Human Rights? Four Schools, four Complementary Visions: A Response to Mireille Delmas-Marty 23: Douglas A. Johnson and Kathryn Sikkink: Strategizing for Human Rights: From Ideals to Practice 24: Micheline Ishay: Historical Strategies for Human Rights: A Response to Kathryn Sikkink and Douglas Johnson
Author(s) | Edited by Bardo Fassbender (Professor of International Law, European Law and Public Law, Professor of Public International Law, European Law, and Public Law, University of St Gallen), Knut Traisbach (Associate Professor of International Law (Adjunct), Associate Professor of International Law (Adjunct), University of Barcelona). |
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Publisher | Oxford University Press |
ISBN | 9780198824756 |
Format | Hardback |
Pages | 410 |
Published in | United Kingdom |
Published | 26 Nov 2019 |
Availability | POD |
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