Deliberative Democracy and Human Rights

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  • Format: Trade Book
  • Copyright: 2007-12-28
  • Publisher: Yale University Press
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In this important collection of writings, leading legal and political thinkers address a wide array of issues that confront societies undergoing a transition to democratic rule. Bridging the gap between theory and practice in international human rights law and policy, the contributors continue discussions that were begun with the late Argentine philosopher-lawyer Carlos Santiago Nino, then extend those conversations in new directions inspired by their own and Nino's work. The book focuses on some of the key questions that confront the international human rights movement today. What is the moral justification for the concept and content of universal human rights? What is the relationship among nation-building, constitutionalism, and democracy? What are the political implications for a conception of universal human rights? What is the relationship between moral principles and political practice? How should a society confront what Kant called radical evil? And how does a successor regime justly and practically hold a prior regime accountable for gross violations of human rights?

Author Biography

Harold Hongju Koh is Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School. Ronald C. Slye is assistant professor at Seattle University School of Law.

Table of Contents

Part One Introduction
Deliberative Democracy and Human Rights: An Introduction
Harold Hongju Koh
Ronald C. Slye
The Death of Public Intellectual
Owen Fiss
Part Two Ethical Bases of International Human Rights
Personal Rights and Public Space
Thomas Nagel
In the Beginning Was the Deed
Bernard Williams
Autonomy and consequences
Martin D. Farrell
On Philosophy and Human Rights
Elaine Scarry
Part Three Nation-Building, Constitutionalism, and Democracy
The Moral Reading and the Majoritarian Premise
Ronald Dworkin
Constitutionalism, Democracy, and State Decay
Stephen Holmes
Constitutionalism and Democracy
Alberto Calsamiglia
Group Aspirations and Democratic Politics
Ian Shapiro
Part Four Democracy and Deliberation
Creating the Conditions for Democracy
Irwin P. Stotzky
Power Under State Terror
Jaime Malamud Goti
Deliberation, Disagreement, and Voting
Jeremy Waldron
Deliberative Democracy and Majority Rule: Reply to Waldron
Amy Gutmann
The Epistemic Theory of Democracy Revisited
Carlos F. Rosenkrantz
Democracy and Philosophy: A Reply to Stotzky and Waldron
Paul W. Kahn
Part Five Confronting Radical Evil
Punishment and the Rule of Law
T.M. Scanlon
From Dictatorship to Democracy: The Role of Transitional Justice
Ruti Teitel
Dictatorship and Punishment: A Reply to Scanlon and Teitel
Ernesto Garzon Valdes
Human Rights and Democracy in Practice: The challenge of Accountability
John Shattuck
List of Contributors 307(2)
Index 309

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