Reconciling Law and Morality in Human Rights Discourse
Reconciling Law and Morality in Human Rights Discourse
Reconciling Law and Morality in Human Rights Discourse
Reconciling Law and Morality in Human Rights Discourse
Reconciling Law and Morality in Human Rights Discourse
Reconciling Law and Morality in Human Rights Discourse
Trending Bestseller

Reconciling Law and Morality in Human Rights Discourse

Beyond the Habermasian Account of Human Rights

Willy Moka-Mubelo

No reviews yet Write a Review
Paperback / softback
07 July 2018
$220.00
In Stock: Ships in 7-9 Days
Hurry up! Current stock:
icon Share icon Share
Description  

In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law.

Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices.

From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state. 

Customer reviews  

This product hasn't received any reviews yet. Be the first to review this product!

Write a Reviews
Flat Rate Shipping  
Easy Returns  
$220.00
In Stock: Ships in 7-9 Days
Hurry up! Current stock:
icon Share icon Share
Flat Rate Shipping  
Easy Returns  

Reconciling Law and Morality in Human Rights Discourse

$220.00

Description

In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law.

Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices.

From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state. 

Customers Also Viewed

Discover Books for Every Interest at BookLoop

Discover your next great read at BookLoop, Australia's trusted online bookstore offering a vast selection of titles across various genres and interests. Whether you're curious about what's trending or searching for graphic novels that captivate, thrilling crime and mystery fiction, or exhilarating action and adventure stories, our curated collections have something for every reader. Delve into imaginative fantasy worlds or explore the realms of science fiction that challenge the boundaries of reality.

Books on Hobbies, Crafts, Gardening, and More

For those with a green thumb, our comprehensive range of gardening books provides insights and tips for all levels of enthusiasts. If you're aiming to enhance your financial acumen, our selection of finance, business, and management books offers valuable knowledge from industry experts. Craft lovers will appreciate our assortment of handicrafts, decorative arts, and crafts books, perfect for inspiring your next project. Engage your mind with our collection of hobbies, quizzes, and games books, or explore the mystical with our fortune-telling and divination guides.

Transport, Contemporary Fiction, and Picture Books for Kids

Transportation aficionados can immerse themselves in our extensive transportation books, including detailed works on road and motor vehicles. Young readers are not left out, with a delightful array of picture books and early learning concepts designed to educate and entertain. Fans of contemporary narratives will find compelling stories in our contemporary fiction section. Embark on epic journeys with our fantasy and science fiction titles, or gain inspiration from real-life tales in our biographies and true stories collection. Health-conscious readers can explore our health and wholefood cooking books, focusing on specific diets and conditions.

School Books, Teacher Resources, and Academic Textbooks

Textbooks for Primary, Secondary, and Higher Education

BookLoop proudly supports the educational needs of students and schools across Australia. Our textbook collection includes school books and teacher resources for every phase from primary school books, secondary school books, and essential titles for TAFE courses, vocational training, and university study. Each book is selected to align with curriculum outcomes and classroom needs, making it easy for schools and teachers to plan ahead.

Teacher Resources and Classroom Support Materials

From structured lesson planning to engaging student activities, our wide range of school books and teacher resources provides essential tools for educators. You’ll also find dedicated school and preschool teacher materials designed for early years education, classroom support, and intervention. Teachers can access a reliable selection of workbooks, literacy and numeracy programs, assessment tools, and professional development guides all in one place.

Books for Early Learning Centres and Childcare Professionals

Support the earliest stages of education with our curated range of early childhood care and education books. These titles are ideal for early learning centres, preschools, and childcare settings, offering age-appropriate resources that build foundational skills in literacy, numeracy, and emotional development. Families and educators alike trust our resources for quality, clarity, and classroom effectiveness.

Bulk Book Orders for Schools and Educational Institutions

We make bulk school book orders simple and efficient. Schools, libraries, and early learning centres can rely on BookLoop for competitive pricing, fast shipping, and expert support when sourcing large quantities of textbooks and educational materials. Whether you’re restocking for a new term or ordering resources for an entire class, our bulk ordering system ensures convenience and accuracy every step of the way.

Stay Up to Date with Book Trends

Explore our new releases for the most recent additions in romance books, fantasy books, graphic novels, crime and mystery books, science fiction books as well as biographies, cookbooks, self help books, tarot cards, fortunetelling and much more. With titles covering current trends, booktok and bookstagram recommendations, and emerging authors, BookLoop remains your go-to local australian bookstore for buying books online across all book genres.

Explore the Latest and Most Loved Books

Stay updated with the literary world by browsing our trending books, featuring the latest bestsellers and critically acclaimed works. Explore titles from popular brands like Minecraft, Pokemon, Star Wars, Bluey, Lonely Planet, ABIA award winners, Peppa Pig, and our specialised collection of ADHD books. At BookLoop, we are committed to providing a diverse and enriching reading experience for all.