Who believes in human rights? : reflections on the European Convention / Marie-Bénédicte Dembour.

Format:

Book

Author/Creator:

Dembour, Marie-Bénédicte, 1961- author.

Series:

Law in context.

Law in context

Language:

English

Subjects (All):

European Court of Human Rights.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

Human rights--Europe.

Human rights.

Human rights--Philosophy.

Physical Description:

1 online resource (xxvii, 310 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2006.

Language Note:

English

Summary:

Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

Contents:

1. Introduction

2. Convention in outline

3. Convention in a realist light

4. Convention in a utilitarian light

5. Te Convention in a Marxist light

6. Convention in a particularist light

7. convention in a feminist light

8. human rights creed in four schools

9. Conclusion : in praise of human rights nihilism.

Notes:

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

Includes bibliographical references (p. 285-295) and index.

ISBN:

1-107-15811-7

1-281-08568-5

9786611085681

0-511-34962-9

0-511-35050-3

0-511-34773-1

0-511-55656-X

0-511-61819-0

0-511-34870-3

OCLC:

476118447