Group Rights
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Group Rights as Human Rights
Author | : Neus Torbisco Casals |
Publsiher | : Springer Science & Business Media |
Total Pages | : 278 |
Release | : 2006-06-30 |
Genre | : Law |
ISBN | : 9781402042096 |
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Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Ethnicity and Group Rights
Author | : Ian Shapiro,Will Kymlicka |
Publsiher | : NYU Press |
Total Pages | : 644 |
Release | : 1997-03-01 |
Genre | : Political Science |
ISBN | : 9780814739631 |
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Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens. Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Crucially, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous cases studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions.
The Concept of Group Rights in International Law
Author | : Corsin Bisaz |
Publsiher | : Martinus Nijhoff Publishers |
Total Pages | : 258 |
Release | : 2012-08-28 |
Genre | : Law |
ISBN | : 9789004228702 |
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Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.
The Perils of Identity
Author | : Caroline Dick |
Publsiher | : UBC Press |
Total Pages | : 262 |
Release | : 2011-11-15 |
Genre | : Social Science |
ISBN | : 9780774820653 |
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Many liberal theorists consider group identity claims a necessary condition of equality in Canada, but do these claims do more harm than good? To answer this question, Caroline Dick examines the identity-driven theories of Charles Taylor, Will Kymlicka, and Avigail Eisenberg in the context of Sawridge Band v. Canada, a case that sets a First Nation's right to self-determination against Indigenous women's right to equality. The concept of identity itself is not the problem, Dick argues, but rather the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Her proposal for a new politics of intragroup difference has the power to transform rights discourse in Canada.
Encyclopedia of Global Justice
Author | : Deen K. Chatterjee |
Publsiher | : Springer Science & Business Media |
Total Pages | : 1213 |
Release | : 2011 |
Genre | : Electronic books |
ISBN | : 9781402091599 |
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This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
Know Your Rights and Claim Them
Author | : Amnesty International,Angelina Jolie,Geraldine Van Bueren |
Publsiher | : Zest Books ™ |
Total Pages | : 288 |
Release | : 2021-09-17 |
Genre | : Young Adult Nonfiction |
ISBN | : 9781728449685 |
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A timely look at children's rights, the young activists who fought for them, and how readers can do the same by Amnesty International, Angelina Jolie, and Geraldine Van Bueren
Group Rights
Author | : David Ingram |
Publsiher | : Unknown |
Total Pages | : 344 |
Release | : 2000 |
Genre | : Law |
ISBN | : UOM:39015048828449 |
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Ingram (philosophy, Loyola University) brings a variety of current social dilemmas together in a mutually illuminating way. He examines the concept of legal equality in a multiracial society by considering issues such as self-governance for Native Americans, the rights of immigrants, affirmative action, and racial redistricting, tie also tackles the problem of social injustice in a global setting by assessing the negative impact of free trade policies on the rights of groups to self-determination and cultural integrity.
Group Rights
Author | : Peter Jones |
Publsiher | : Routledge |
Total Pages | : 558 |
Release | : 2022-03-24 |
Genre | : Law |
ISBN | : 9781351932059 |
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Nowadays, rights are frequently ascribed to groups distinguished by their nationality, culture, religion or language. Rights are also commonly ascribed to institutionalised groups, such as states, businesses, trade unions and private associations. Yet the ascription of rights to groups remains deeply controversial. Many people reject the very idea of group rights. Amongst those who do not, there is radical disagreement about which sorts of group might possess rights and why. Some believe that group rights threaten the freedom and well-being of individuals, while others argue that the rights of groups can complement them. Some claim that group rights can also be human rights; others find that claim incoherent. The contributions making up this volume wrestle with these and many other of the issues that surround group rights. This volume brings together twenty-four of the journal articles that have contributed most significantly to contemporary thinking on group rights.