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  1. Whose Sovereignty? Empire Versus International Law.Jean L. Cohen - 2004 - Ethics and International Affairs 18 (3):1-24.
    Where there is an imperial project afoot to develop a version of global right to justify its self-interested interventions, it is dangerous to abandon the default position of sovereignty and the principle of nonintervention in international law.
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  • Balancing the Principles: Why the Universality of Human Rights is Not the Trojan Horse of Moral Imperialism. [REVIEW]Stefano Semplici - 2013 - Medicine, Health Care and Philosophy 16 (4):653-661.
    The new dilemmas and responsibilities which arise in bioethics both because of the unprecedented pace of scientific development and of growing moral pluralism are more and more difficult to grapple with. At the ‘global’ level, the call for the universal nature at least of some fundamental moral values and principles is often being contended as a testament of arrogance, if not directly as a new kind of subtler imperialism. The human rights framework itself, which provided the basis for the most (...)
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  • The Knowledge of Suffering: On Judith Shklar|[Rsquo]|s |[Lsquo]|Putting Cruelty First|[Rsquo]|.Kamila Stullerova - 2014 - Contemporary Political Theory 13 (1):23.
    Judith Shklar’s dictum, ‘the worst evil of cruelty’, is well known. What this means for her political theory and how such theory is construed are rarely explored. This article maintains that Shklar’s turn towards cruelty/suffering has a specific role in the development of her political argument. It allows her both to curb her long-standing skepticism, and to use it creatively. This is because suffering must be examined from the perspectives of history and philosophy, which produce two sets of knowledge, each (...)
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  • Are Human Rights Moralistic?Guy Aitchison - 2018 - Human Rights Review 19 (1):23-43.
    In this paper, I engage with the radical critique of human rights moralism. Radical critics argue that: human rights are myopic ; human rights are demobilising ; human rights are paternalistic ; and human rights are monopolistic. I argue that critics offer important insights into the limits of human rights as a language of social justice. However, critics err insofar as they imply that human rights are irredeemably corrupted and they under-estimate the subversive potential of the moral ideas that underpin (...)
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  • World Governance.Jovan Babić (ed.) - 2013, Paperback - Newcastle upon Tyne: Cambridge Scholars Press.
    In the age of globalization, and increased interdependence in the world that we face today, there is a question we may have to raise: Do we need and could we attain a world government, capable of insuring the peace and facilitating worldwide well-being in a just and efficient manner? In the twenty chapters of this book, some of the most prominent living philosophers give their consideration to this question in a provocative and engaging way. Their essays are not only of (...)
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  • After the Critique of Rights: For a Radical Democratic Theory and Practice of Human Rights.Kathryn McNeilly - 2016 - Law and Critique 27 (3):269-288.
    The critique of human rights has proliferated in critical legal thinking over recent years, making it clear that we can no longer uncritically approach human rights in their liberal form. In this article I assert that after the critique of rights one way human rights may be productively re-engaged in radical politics is by drawing from the radical democratic tradition. Radical democratic thought provides plausible resources to rework the shortcomings of liberal human rights, and allows human rights to be brought (...)
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  • Re-Enchanting The World: An Examination Of Ethics, Religion, And Their Relationship In The Work Of Charles Taylor.David McPherson - 2013 - Dissertation, Marquette University
    In this dissertation I examine the topics of ethics, religion, and their relationship in the work of Charles Taylor. I take Taylor's attempt to confront modern disenchantment by seeking a kind of re-enchantment as my guiding thread. Seeking re-enchantment means, first of all, defending an `engaged realist' account of strong evaluation, i.e., qualitative distinctions of value that are seen as normative for our desires. Secondly, it means overcoming self-enclosure and achieving self-transcendence, which I argue should be understood in terms of (...)
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  • Book Discussion Section: Comparative Ethics, Islam, and Human Rights: Internal Pluralism and the Possible Development of Tradition.David Hollenbach - 2010 - Journal of Religious Ethics 38 (3):580-587.
    Dialogue with three major Muslim authors shows that Islam can take a positive stance toward human rights while also presenting differing interpretations of the meaning and scope of rights. Because of their subordination of norms reached through reason to those drawn from faith, as well as negative experiences of the impact of Western colonization of parts of the Muslim world, Abul A‘la Maududi and Sayyid Qutb place significant restrictions on rights of conscience. 'Abdolkarim Soroush's positive support for the role of (...)
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  • An Umbrella With Holes: Respect for Non-Derogable Human Rights During Declared States of Emergency, 1996–2004. [REVIEW]David L. Richards & K. Chad Clay - 2012 - Human Rights Review 13 (4):443-471.
    This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal law, and the (...)
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  • Labor Human Rights and Human Dignity.Pablo Gilabert - 2016 - Philosophy and Social Criticism 42 (2):171-199.
    The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human rights practice. Second, it gives a moral defense (...)
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  • The Human Rights of Others: Sovereignty, Legitimacy, and "Just Causes" for the "War on Terror".Margaret Denike - 2008 - Hypatia 23 (2):pp. 95-121.
    In this essay, Denike assesses the appropriation of international human rights by humanitarian law and policy of "security states." She maps representations of the perpetrators and victims of "tyranny" and "terror, " and their role in providing a "just cause" for the U.S.–led "war on terror. " By examining narratives of progress and human rights heroism Denike shows how human rights discourses, when used together with the pretense of self-defense and preemptive war, do the opposite of what they claim—entrenching the (...)
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  • Debate: When Less Really is Less – What's Wrong with Minimalist Approaches to Human Rights.Greg Dinsmore - 2007 - Journal of Political Philosophy 15 (4):473–483.
  • Please Don't Use Science or Mathematics in Arguing for Human Rights or Natural Law.Alberto Artosi - 2010 - Ratio Juris 23 (3):311-332.
    In the vast literature on human rights and natural law one finds arguments that draw on science or mathematics to support claims to universality and objectivity. Here are two such arguments: 1) Human rights are as universal (i.e., valid independently of their specific historical and cultural Western origin) as the laws and theories of science; and 2) principles of natural law have the same objective (metahistorical) validity as mathematical principles. In what follows I will examine these arguments in some detail (...)
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  • Responsibility to Protect and Militarized Humanitarian Intervention: When and Why the Churches Failed to Discern Moral Hazard.Esther D. Reed - 2012 - Journal of Religious Ethics 40 (2):308-334.
    This essay addresses moral hazards associated with the emerging doctrine of the Responsibility to Protect (R2P). It reviews the broad acceptance by the Vatican and the World Council of Churches of the doctrine between September 2003 and September 2008, and attempts to identify grounds for more adequate investigation of the moral issues arising. Three themes are pursued: how a changing political context is affecting notions of sovereignty; the authority that can approve or refuse the use of force; and plural foundations (...)
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  • Legitimacy and Cosmopolitanism: Online Public Debates on (Corporate) Responsibility.Anne Vestergaard & Julie Uldam - 2022 - Journal of Business Ethics 176 (2):227-240.
    Social media platforms have been vested with hope for their potential to enable ‘ordinary citizens’ to make their judgments public and contribute to pluralized discussions about organizations and their perceived legitimacy :60–97, 2018). This raises questions about how ordinary citizens make judgements and voice them in online spaces. This paper addresses these questions by examining how Western citizens ascribe responsibility and action in relation to corporate misconduct. Empirically, it focuses on modern slavery and analyses online debates in Denmark on child (...)
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  • The Teaching of Patriotism and Human Rights: An Uneasy Entanglement and the Contribution of Critical Pedagogy.Michalinos Zembylas - 2014 - Educational Philosophy and Theory 46 (10):1-17.
    This article examines the moral, political and pedagogical tensions that are created from the entanglement of patriotism and human rights, and sketches a response to these tensions in the context of critical education. The article begins with a brief review of different forms of patriotism, especially as those relate to human rights, and explains why some of these forms may be morally or politically valuable. Then, it offers a brief overview of human rights critiques, especially from the perspectives of Foucault, (...)
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  • Citizenship Education and Human Rights in Sites of Ethnic Conflict: Toward Critical Pedagogies of Compassion and Shared Fate. [REVIEW]Michalinos Zembylas - 2012 - Studies in Philosophy and Education 31 (6):553-567.
    The present essay discusses the value of citizenship as shared fate in sites of ethnic conflict and analyzes its implications for citizenship education in light of three issues: first, the requirements of affective relationality in the notion of citizenship-as-shared fate; second, the tensions between the values of human rights and shared fate in sites of ethnic conflict; and third, the ways in which citizenship education might overcome these tensions without falling into the trap of psychologization and instrumentalization, but rather focusing (...)
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  • The Child's Right to an Open Future: Is the Principle Applicable to Non-Therapeutic Circumcision?Robert J. L. Darby - 2013 - Journal of Medical Ethics 39 (7):463-468.
    The principle of the child's right to an open future was first proposed by the legal philosopher Joel Feinberg and developed further by bioethicist Dena Davis. The principle holds that children possess a unique class of rights called rights in trust—rights that they cannot yet exercise, but which they will be able to exercise when they reach maturity. Parents should not, therefore, take actions that permanently foreclose on or pre-empt the future options of their children, but leave them the greatest (...)
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  • Partners: Discernment and Humanitarian Efforts in Settings of Violence.Nicole Gastineau Campos & Paul Farmer - 2003 - Journal of Law, Medicine and Ethics 31 (4):506-515.
    One hundred years ago, most wars occurred between nations; today, large-scale violent conflict consists almost exclusively of civil wars in which civilians constitute 30 percent of casualties.’ According to a recent World Bank study of conflict, the poorest one-sixth of the worlds population suffers four-fifths of the consequences of civil wars. While poverty is the greatest risk factor determining a nation’s likelihood of entering into conflict, it is also one of instability’s most predictable consequencet—thus, war is a vicious cycle, and (...)
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  • Re‐Thinking Relations in Human Rights Education: The Politics of Narratives.Rebecca Adami - 2014 - Journal of Philosophy of Education 48 (2):293-307.
    Human Rights Education (HRE) has traditionally been articulated in terms of cultivating better citizens or world citizens. The main preoccupation in this strand of HRE has been that of bridging a gap between universal notions of a human rights subject and the actual locality and particular narratives in which students are enmeshed. This preoccupation has focused on ‘learning about the other’ in order to improve relations between plural ‘others’ and ‘us’ and reflects educational aims of national identity politics in citizenship (...)
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  • Same Duties, Different Motives: Ethical Theory and the Phenomenon of Moral Motive Pluralism.Hugh Breakey - 2018 - Philosophical Studies 175 (2):531-552.
    Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...)
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  • Human Rights Enjoyment in Theory and Activism.Brooke Ackerly - 2011 - Human Rights Review 12 (2):221-239.
    Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of “human rights” implies a corresponding theory of change (...)
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  • Human Rights and Toleration in Rawls.Mitch Avila - 2011 - Human Rights Review 12 (1):1-14.
    In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but rather the means by which we collectively attempt (...)
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  • Defensive Enforcement: Human Rights in Indonesia. [REVIEW]Irene Istiningsih Hadiprayitno - 2010 - Human Rights Review 11 (3):373-399.
    The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has the effect of highlighting some of the immense deficits in ensuring that violations are treated under judicial procedure and the protection of human rights is available and accessible for victims. The author inevitably (...)
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  • Are There Universal Collective Rights?Miodrag A. Jovanović - 2010 - Human Rights Review 11 (1):17-44.
    The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...)
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  • Human Rights, Legitimacy, Political Judgement.Edward Hall & Dimitrios Tsarapatsanis - 2021 - Res Publica 27 (2):171-185.
    This paper grapples with Bernard Williams’s prima vista enigmatic assertion that ‘[w]hether it is a matter of good philosophical sense to treat a practice as a violation of human rights, and whether it is politically good sense, cannot ultimately constitute two separate questions’. Though Williams’s approach to thinking about human rights has a number of affinities with other ‘political’ and ‘minimalist’ understandings, we highlight its distinctive features and argue that it has significant implications for our understanding of human rights along (...)
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  • Una Concepción pragmatista de Los derechos.Giovanni Tuzet - 2013 - Isonomía. Revista de Teoría y Filosofía Del Derecho 39:11-36.
    El artículo se pregunta qué sentido tiene la práctica de conferir o reconocer derechos y sostiene que son sus consecuencias lo que nos interesa y lo que hace sensata la práctica relacionada con ellos. La virtud de esta tesis es que permite aterrizar el vocabulario aéreo de los derechos y que invita a determinar sus contenidos específicos con la mayor precisión posible. Se trata de una tesis realista y pragmatista respecto de los derechos. Realista, porque busca comprender en qué consiste (...)
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  • Harnessing Multidimensional Legitimacy for Codes of Ethics: A Staged Approach.Hugh Breakey - 2021 - Journal of Business Ethics 170 (2):359-373.
    How can codes of ethics acquire legitimacy—that is, how can they lay down obligations that will be seen by their subjects as morally binding? There are many answers to this question, reflecting the fact that moral agents have a host of different bases on which they may acknowledge code duties as ethically binding—or, alternatively, may reject those duties as morally irrelevant or actively corrupt. Drawing on a wide literature on legitimacy in other practical fields, this paper develops a multidimensional legitimacy (...)
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  • Democracy in One Country?: Reflections on Patriotism, Politics and Pragmatism.Bryan Turner - 2004 - European Journal of Social Theory 7 (3):275-289.
    This article undertakes a critical examination of the political philosophy of Richard Rorty with special reference to his treatment of patriotism, pragmatism and democracy. Pragmatism, especially in the work of John Dewey, provided an energetic defence of American democracy, claiming that American democratic culture did not require any philosophical lessons from European social theory. American pragmatism is in this sense a celebration of indigenous political traditions. In his defence of pragmatism and patriotism against the cosmopolitanism of Left cultural critics, Rorty (...)
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  • Exclusion in the Liberal State: The Case of Immigration and Citizenship Policy.Christian Joppke - 2005 - European Journal of Social Theory 8 (1):43-61.
    Recent literature on the ‘exclusions’ of the modern nation-state has missed a major transformation in the legitimate mode of excluding, from group to individual-based. This transformation is explored in a discussion of universalistic trends in contemporary Western states’ immigration and citizenship policies. Conflicting with the notion of a ‘nation-state’ owned by a particular ethnic group or nation, these trends are better captured in terms of a ‘liberal state’ that has self-limited its sovereign prerogatives by constitutional principles of equality and individual (...)
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  • Global Citizenship as the Completion of Cosmopolitanism.Luis Cabrera - 2008 - Journal of International Political Theory 4 (1):84-104.
    A conception of global citizenship should not be viewed as separate from, or synonymous with, the cosmopolitan moral orientation, but as a primary component of it. Global citizenship is fundamentally concerned with individual moral requirements in the global frame. Such requirements, framed here as belonging to the category of individual cosmopolitanism, offer guidelines on right action in the context of global human community. They are complementary to the principles of moral cosmopolitanism – those to be used in assessing the justice (...)
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  • Conscience, Morality and Judgment: An Inquiry Into the Subjective Basis of Human Rights.Serena Parekh - 2008 - Philosophy and Social Criticism 34 (1-2):177-195.
    This paper is an exploration of the role of conscience in the justification of human rights. I argue that in both the western tradition of natural rights and the non-western traditions, human rights are justified, in part, because of their appeal to conscience, and not simply because they issue from a divine source or are based on reason. In contrast, contemporary justifications of human rights primarily look for an objective foundation or simply assert the pragmatic importance of human rights as (...)
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  • Ethical Challenges of the Zika Epidemic.Ann Boyd, Marie Winpigler & Enrique Figueroa - 2018 - Eubios Journal of Asian and International Bioethics 28 (5):154-157.
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  • La salute globale tra beni pubblici, diritti collettivi capability.Nicolò Bellanca - 2011 - Jura Gentium 8 (2):22-41.
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  • Philosophers, Activists, and Radicals: A Story of Human Rights and Other Scandals. [REVIEW]Joseph Hoover & Marta Iñiguez De Heredia - 2011 - Human Rights Review 12 (2):191-220.
    Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand and theorize human (...)
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  • Ratzinger’s Logos Theology and the Healing of Human Rights: A Critical Engagement with the Regensburg Lecture.Francis Mohan - unknown
    Taking the use of the logos in Ratzinger's Regensburg Lecture as its starting point, the thesis expands three horizons in Ratzinger studies. Firstly, it extends the understanding of Ratzinger as the author of a logos theology. Secondly, it shows how the Regensburg theme of the full breadth of reason, represented by the logos, is applied by Ratzinger in a critique of secular modernity. Thirdly, it claims that the logos theology of Joseph Ratzinger can provide a repair of the culture of (...)
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  • Habermas on Human Rights and Cloning: A Pragmatist Response.Kevin Decker - 2002 - Essays in Philosophy 3 (2):11.
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  • Why Are Muslim Bans Wrong? Diagnosing Discriminatory Immigration Policies with Brock’s Human Rights Framework.Matthew Lindauer - forthcoming - Res Publica:1-12.
    In the course of presenting a compelling and comprehensive framework for immigration justice, Brock (2020) addresses discriminatory immigration policies, focusing on recent attempts by the Trump administration to exclude Muslims from the U.S. (the ‘Muslim ban’). This essay critically assesses Brock’s treatment of the issue, and in particular the question of what made the Muslim ban and similar policies unjust. Through examining these issues, further questions regarding the immigration justice framework on offer arise.
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  • How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification.Yusuf Yuksekdag - 2018 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:69-86.
    There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a right might determine (...)
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  • Is There a Human Right to Democracy? A Response to Joshua Cohen.Pablo Gilabert - 2012 - Revista Latinoamericana de Filosofía Política 1 (2):1-37.
    Is democracy a human right? There is a growing consensus within international legal and political practice that the answer is “Yes.” However, some philosophers doubt that we should see democracy as a human right. In this paper I respond to the most systematic challenge presented so far, which was recently offered by Joshua Cohen. His challenge is directed to the view that democracy is a human right, not to the view that democracy is part of what justice demands. It is (...)
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  • X—Privacy as a Human Right.Beate Roessler - 2017 - Proceedings of the Aristotelian Society 117 (2):187-206.
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  • Girlhood and Ethics: The Role of Bodily Integrity.Mar Cabezas & Gottfried Schweiger - 2016 - Girlhood Studies 9 (3).
    Our concern is with the ethical issues related to girlhood and bodily integrity—the right to be free from physical harm and harassment and to experience freedom and security in relation to the body. We defend agency, positive self-relations, and health as basic elements of bodily integrity and we advocate that this normative concept be used as a conceptual tool for the protection of the rights of girls. We assume the capability approach developed by Martha Nussbaum as an ethical framework that (...)
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  • Het falen van de mensenrechten: een filosofische analyse.M. de Wilde - 2008 - Krisis 9 (3):31-42.
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  • Agency Vulnerability, Participation, and the Self-Determination of Indigenous Peoples.Stacy J. Kosko - 2013 - Journal of Global Ethics 9 (3):293-310.
    Journal of Global Ethics, Volume 9, Issue 3, Page 293-310, December 2013.
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  • Reconceptualizing Human Rights.Marcus Arvan - 2012 - Journal of Global Ethics 8 (1):91-105.
    This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...)
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  • The Sentimentalist Paradox: On the Normative and Visual Foundations of Humanitarianism.Fuyuki Kurasawa - 2013 - Journal of Global Ethics 9 (2):201 - 214.
    This paper examines how Western humanitarianism has attempted to work through its simultaneous commitment to individualized moral universalism and ambivalence about substantive global egalitarianism via what is identified as humanitarian sentimentalism, namely an ensemble of narrative and visual mechanisms designed to cultivate charitable moral sentiments among Euro-American publics toward victims of humanitarian crises in the global South. After briefly discussing how the aforementioned ambivalence is rooted in the founding philosophical principles of humanitarianism, the paper examines the visual economy of humanitarian (...)
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  • Buddhism and the Idea of Human Rights: Resonances and Dissonances.Perry Schmidt-Leukel - 2006 - Buddhist-Christian Studies 26 (1):33-49.
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  • The Mysterious Disappearance of the Object of Inquiry: Jacobs and Arora's Defense of Circumcision.Robert Darby - 2015 - American Journal of Bioethics 15 (5):70-72.
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  • Five Challenges to Legalizing Economic and Social Rights.Daniel P. L. Chong - 2008 - Human Rights Review 10 (2):183-204.
    In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges involved in legalizing (...)
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  • Political Myth and the Sacred Center of Human Rights: The Universal Declaration and the Narrative of “Inherent Human Dignity”. [REVIEW]Jenna Reinbold - 2011 - Human Rights Review 12 (2):147-171.
    This paper will explore the 1948 Universal Declaration of Human Rights as an exemplar of political mythmaking, a genre of narrative designed to channel and thereby to quell social anxiety and to orient select groups toward desirable beliefs and practices. One of the Declaration’s most fundamental and forceful elements is its enshrinement of the “inherent dignity” of each member of the human family. Drawing upon contemporary theorizations of mythmaking and sacralization, this article will elucidate the manner in which inherent dignity (...)
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