Collective rights : a legal theory / Miodrag A. Jovanović.

Format:

Book

Author/Creator:

Jovanović, Miodrag A., author.

Language:

English

Subjects (All):

Group rights.

Physical Description:

1 online resource (viii, 230 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights.

Contents:

What it means for a theory of collective rights to be legal

reflections on methodology

Theories of rights and collectives as right-holders

Collective rights as a distinctive legal concept

Are there universal collective rights?

Conclusion : collectives as the third type of right-holders.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511843945

Access Restriction:

Restricted for use by site license.