Universal Human Rights in Theory and Practice,9780801487767

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Universal Human Rights in Theory and Practice

by Donnelly, Jack

Edition:

2nd

ISBN13:

9780801487767

ISBN10:

0801487765

Format:

Paperback

Pub. Date:

11/1/2002

Publisher(s):

CORNELL UNIVERSITY PRESS

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Summary

Praise for the first edition: "Every once in a while a book appears that treats the leading issues of a subject in such a clear and challenging manner that it becomes central to understanding that subject. Universal Human Rights in Theory and Practice is just such a book. . . . Donnelly's interpretations are clear and argued with zest."-American Political Science Review "This wide-ranging book looks at all aspects of human rights, drawing upon political theory, sociology, and international relations as well as international law. . . . [Jack Donnelly] deals successfully with two of the principal challenges to the notion of the universality of human rights: the argument that some non-Western societies are not subject to Western norms, and the claim that economic development may require the sacrifice of some human rights."-Foreign Affairs In a thoroughly revised edition of Universal Human Rights in Theory and Practice (more than half of the material is new), Jack Donnelly elaborates a theory of human rights, addresses arguments of cultural relativism, and explores the efficacy of bilateral and multilateral international action. Entirely new chapters address prominent post-Cold War issues including humanitarian intervention, democracy and human rights, "Asian values," group rights, and discrimination against sexual minorities.

Preface to the Second Edition

Introduction

(6)

Part I. Toward a Theory of Universal Human Rights

The Concept of Human Rights

(15)

How Rights ``Work''

(3)

Special Features of Human Rights

(3)

Human Rights and Human Nature

(5)

The Question of Foundations

(4)

The Universal Declaration Model

(16)

The Universal Declaration Model

(1)

Individual Rights

(4)

Interdependence and Indivisibility

(6)

The State and International Human Rights

(5)

Equal Concern and Respect

(19)

Hegemony and Settled Norms

(2)

An Overlapping Consensus on International Human Rights

(1)

Moral Theory, Political Theory, and Human Rights

(2)

Equal Concern and Respect

(3)

Toward a Liberal Theory of Human Rights

(5)

Consensus: Overlapping but Bounded

(6)

Part II. Cultural Relativism and International Human Rights

Markets, States, and ``The West''

(14)

The Evolution of Lists of Human Rights

(1)

Markets, States, and Political Equality

(2)

Expanding the Subjects and Substance of Human Rights

(1)

Linking ``The West'' and Human Rights

(3)

States, Citizens, and the Legal Order

(1)

Economic and Social Rights and the Welfare State

(1)

Inside, Outside, and the Society of States

(2)

Global Markets

(2)

Historical Analysis and the Genetic Fallacy

(2)

Non-Western Conceptions of Human Rights

(18)

Islam and Human Rights

(4)

The Premodern West

(2)

Traditional Africa

(1)

Traditional Confucian China

(2)

Caste and Human Rights

(3)

The Relevance of Human Rights

(2)

Culture and Human Rights

(3)

Cultural Relativism and Universal Human Rights

(18)

Defining Cultural Relativism

(1)

Relativity and Universalism: A Necessary Tension

(2)

Internal Versus External Judgments

(1)

Concepts, Interpretations, Implementations

(6)

Explaining the Persistence of Culturalist Arguments

(1)

Culture and Politics

100

(3)

Dialogue over Real Differences

103

(4)

Human Rights and ``Asian Values''

107

(20)

Sovereignty and International Human Rights

108

(1)

The Demands of Development

109

(1)

Economic and Social Rights

110

(2)

Individuals and Society

112

(2)

Rights and Duties

114

(1)

Traditional Order and Human Rights

115

(4)

Human Rights and ``Asian Values''

119

(8)

Part III. Human Rights and International Action

International Human Rights Regimes

127

(28)

International Regimes

127

(2)

The Global Human Rights Regime

129

(6)

Political Foundations of the Global Regime

135

(3)

Regional Human Rights Regimes

138

(7)

Single-Issue Human Rights Regimes

145

(6)

The Evolution of Human Rights Regimes

151

(4)

Human Rights and Foreign Policy

155

(18)

Human Rights: A Legitimate Concern of Foreign Policy?

155

(4)

International Human Rights and National Identity

159

(3)

Trade-offs

162

(2)

Choice of Means

164

(2)

The Purposes of International Human Rights Policies

166

(2)

Selectivity and Consistency

168

(3)

Toward More Effective International Human Rights Policies

171

(2)

The Priority of National Action

173

(12)

The Limits of Multilateral Action

173

(4)

The Limits of Bilateral Action

177

(2)

The Limits of International Action

179

(6)

Part IV. Essays on Contemporary Theory and Practice

Democracy, Development, and Human Rights

185

(19)

The Contemporary Language of Legitimacy

186

(2)

Defining Democracy

188

(3)

Democracy and Human Rights

191

(3)

Defining Development

194

(2)

Development-Rights Trade-offs

196

(3)

Development and Civil and Political Rights

199

(1)

Markets and Economic and Social Rights

200

(2)

The Liberal Democratic Welfare State

202

(2)

Group Rights and Human Rights

204

(21)

Individual and Community

204

(1)

Liberal Approaches to Group Difference

205

(3)

Group Human Rights: A Skeptical View

208

(3)

Women

211

(1)

Minorities

212

(2)

Protecting Group Identity

214

(1)

Indigenous Peoples

215

(2)

Group Rights in a Human Rights Framework

217

(1)

Cultural Rights

218

(2)

A Right to Cultural Identity

220

(1)

Appendix: The Right of Peoples to Self-Determination

221

(4)

Nondiscrimination for All: The Case of Sexual Minorities

225

(17)

The Right to Nondiscrimination

225

(2)

Nondiscrimination and Political Struggle

227

(2)

Discrimination against Sexual Minorities

229

(4)

Nature, (Im)Morality, and Public Morals

233

(4)

Strategies for Inclusion

237

(5)

Genocide and Humanitarian Intervention

242

(19)

Intervention and International Law

242

(1)

Humanitarian Intervention and International Law

243

(1)

The Moral Standing of the State

244

(3)

Politics, Partisanship, and International Order

247

(2)

Changing Conceptions of Security and Sovereignty

249

(2)

Justifying the Antigenocide Norm

251

(1)

Changing Legal Practices

252

(2)

``Justifying'' Humanitarian Intervention

254

(1)

Mixed Motives and the Problem of Consistency

255

(2)

Politics and the Authority to Intervene

257

(1)

Judging the Kosovo Intervention

258

(3)

References

261

(26)

Index

287

Universal Human Rights in Theory and Practice

9780801487767

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Summary

Table of Contents