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1 Welcome, Critical Reader!
2 Introducing Critical Legal Theory, Rights and Responsibilities
Critical Legal Theory
What Is a ‘Right’?
Identifying and Classifying Rights
Three Generations of Rights
Natural Rights
Moral Rights
Rights and Justice
Rights Apply Exclusively to (Individual) Humans?
Universality of Human Rights
Group Rights
Rights of Non-persons
Theories of Rights
Will Theory of Rights
Contract Theory of Rights
Rights as Interests
Rights as Capabilities
Human Rights Law
Human Rights Law in the UK
Regional Human Rights Law
International Human Rights (Law)
Responsibilities and Duties
Responsibilities in a Broad Sense
Responsibilities in a Narrow Sense
A Right without a Responsibility and Vice Versa
The Nature of the Responsibility or Duty
Who Is the Rights-giver?
Conclusion
3 Human Rights and the Liberal Tradition
Liberal Legalism and Liberalism
Liberal Legalism
Liberalism
Natural Rights and the Social Contract
Thomas Hobbes
Benedict de Spinoza
Samuel Pufendorf
John Locke
Charles de Montesquieu
Jean-Jacques Rousseau
Immanuel Kant
Thomas Paine
The (American) Founding Fathers
Beyond Natural Rights and the Social Contract
Classical Liberalism
Liberal Democracy
Liberal Egalitarianism
Liberal Communitarianism
Libertarianism
Challenges to Individual Freedom Post 9/11
Conclusion
4 Criticisms of Rights
Introduction
Criticisms of the French Declaration of the Rights of the Man and the Citizen
Edmund Burke
Jeremy Bentham
Georg Hegel
Karl Marx
Hannah Arendt
Communitarianism
Alasdair MacIntyre
Michael J. Sandel
Michael Walzer
Liberal Communitarianism
Amitai Etzioni
Mary Ann Glendon
Critical Legal Theory
Carl Schmitt
Critical Legal Studies
Feminism and Feminist Jurisprudence
LGBTQ+ Perspectives
Slavery, Colonialism and Critical Race Theory
Other Critical Approaches to Rights: (More on) the ‘Rights Inflation’
Conclusion
5 Rehabilitating Rights within Critical Legal Theory
Double Standards and Contradictions within the Liberal Tradition of (Natural) Rights
Thomas Hobbes
Benedict de Spinoza
Samuel Pufendorf
John Locke
Jean-Jacques Rousseau
Immanuel Kant
Founding Fathers of the United States
Challenges to Individual Freedom Post 9/11
Critical Legal Theory and the Defence of Rights
Critical Legal Studies
The (Modern) Marxist Tradition
Feminism and Feminist Jurisprudence
LGBTQ+ Perspectives
Slavery, Colonialism and Critical Race Theory
Critical Legal Practice
Conclusion
6 Responsibilities and Duties
A Right Without a Responsibility and Vice Versa
Who Is the ‘Rights-giver’? Who Is the ‘Duty-bearer’?
A ‘Simple’ Classification of Responsibilities and Duties
Responsibilities and Duties to Respect the Law
Responsibilities in a ‘Broad’ Sense
Responsibilities in a ‘Narrow’ Sense
Looking Beyond a Simple Classification of Responsibilities and Duties
Express Responsibilities Imposed on the Rights-holder
Implied Responsibilities Imposed on the Rights-holder
Express Responsibilities Imposed on Another to Secure a Right
Implied Responsibilities Imposed on Another to Secure a Right
The Nature of the Responsibility or Duty
‘Positive’ Obligations Imposed on the ‘Rights-giver’
‘Direct’ Prevention
‘Indirect’ Prevention
Conclusion
7 The Solidarity of Rights and Responsibilities
Grounding Responsibilities within Critical Legal Theory
A Political Community of Rights-takers and Givers
A Progressive, Political Community of Rights-takers and Givers
‘Communal Rights’
‘A Community of Rights’
Solidarity
International Solidarity
Social Solidarity
Solidarity and Human Rights
Conclusion
References
Table of Cases
Index

이용현황보기

Responsibilities : a critical legal defence of human rights 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
등록번호 청구기호 권별정보 자료실 이용여부
0003285487 LM 341.48 -A26-11 서울관 법률정보센터(206호) 이용가능

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알라딘제공

For many, human rights have become a panacea for the injustices of society: globalisation, poverty, discrimination, climate change etc. But has this rights’ ‘inflation’ been a prima facie good? Has the rise in human rights merely propounded a self-centred individualism, exacerbating the marginalisation of large swathes of society who are already socially excluded? Rightly, human rights have been the subject of a multitude of criticisms, from a range of critical perspectives: Marxism, critical legal studies, communitarianism, feminism, critical race theory etc. However, this unique study pushes back against this tide of ‘anti-rights’, providing an original defence of human rights, from the　perspective of a progressive political community of rights-holders and duty-bearers. Possessing rights might place a rights-holder at the centre of their moral universe, to the exclusion of all others, but that holder of rights cannot expect others to bear the duty of their rights without exercising the same obligation to the rights of others in return. So, far from emphasising isolation and self-interest, responsibilities arising from the exercise of rights engender a keen sense of solidarity, a principle integral to critical legal theory. The book will be of interest to academics and researchers working in the areas of Human Rights, Constitutional Law, and Legal and Political Theory.

　



This?book?pushes?back against the tide of ‘anti-rights’, providing an original defence of human rights, from the?perspective of a progressive political community of rights-holders and duty-bearers.



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