Community and Collective Rights

A Theoretical Framework for Rights Held by Groups

AvDwight Newman,George Pavlakos

Inbunden, Engelska, 2011

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Beskrivning

This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.

Produktinformation

Utgivningsdatum:2011-07-13
Mått:156 x 234 x 20 mm
Vikt:544 g
Format:Inbunden
Språk:Engelska
Serie:Law and Practical Reason
Antal sidor:260
Förlag:Bloomsbury Publishing PLC
ISBN:9781841132280

Utforska kategorier

Mänskliga och medborgerliga rättigheter inom Juridik

Mer om författaren

Dwight Newman is a Professor at the University of Saskatchewan College of Law, Canada.

Recensioner i media

Community and Collective Rights is a book that makes clear what it wants to do and does it. Some books read like collections of essays related to a general field of inquiry...This is a different kind of book, though, which presents a thorough, cohesive investigation of a single topic. Regardless of whether one agrees with the author's conclusions, the theoretical framework is a formidable attempt to tackle a complex problem...Newman's ambitious account challenges us to reconsider the basis of our views regarding the moral status, responsibilities, and claims of collectivities.Broadly speaking, the book should be of interest to scholars with an appetite for questions at the intersection of law and philosophy. Indeed, the book reads even more like a work in political morality than one might expect from the title...The book also should be of interest to legal scholars with an interest generally in questions about group rights, or in specific controversies that fall within this arena, as it is packed with illustrative examples drawn from international and domestic law.

Innehållsförteckning

PART I: THE EXISTENCE OF COLLECTIVE MORAL RIGHTS1. Introduction 2. Collectivities as Moral Rights-Holders 3. Collective Interests and Collective Rights PART II: MORAL CONDITIONS FOR COLLECTIVE RIGHTS4. Conflicting Rights 5. The Service Principle 6. The Mutuality Principle 7. Rights to Exit and Membership Control PART III: REALISING COLLECTIVE RIGHTS8. Imperfect Collectivities 9. Toward a Community of Communities