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Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant's theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
Sommario
Foreword;
Thomas Pogge. 1. Kantian Theory and Human Rights;
Andreas Follesdal and
Reidar Maliks. 2. Kantian Underpinnings for a Theory of Multirights;
Howard Williams 3. Kant's Juridical Idea of Human Rights;
Ariel Zylberman 4. Human Rights Jurisprudence Seen Through the Framework of Kant's Legal Metaphors;
Sofie Møller. 5. A Kantian Defense of the Right to Health Care;
Luke J. Davies 6. Human Rights Duties are Collective Duties of Justice;
Özlem Ayse Özgür. 7.
The Democratic Paradox of International Human Rights Courts: A Kantian Solution?;
Svenja Ahlhaus. 8. Extraordinary Politics and the Democratic Legitimacy of International Human Rights Courts;
Markus Patberg. 9.
Kantian Courts: On the Legitimacy of International Human Rights Courts;
Reidar Maliks. 10. Why Kant is not a Democratic Peace Theorist;
Aviva Shiller. 11. Kant, Human Rights, and Courts;
Andreas Follesdal.
Info autore
Andreas Follesdal is a Professor of Political Philosophy, Faculty of Law, University of Oslo. He is also Principal Investigator on the ERC Advanced Grant project MultiRights: on the Legitimacy of Multi-Level Human Rights Judiciary and Director of PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order.
Reidar Maliks is an Associate Professor of Philosophy at the University of Oslo and a research fellow in the MultiRights project. His book
Kant's Politics in Context is forthcoming from Oxford University Press. His articles have appeared in journals like
Kantian Review and
History of Political Thought.
