The Moral Dimensions of Human Rights

Hardcover | January 28, 2011

byCarl Wellman

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Many books on human rights either concentrate on human rights as fundamental moral rights with little attention to international human rights, or discount moral human rights and focus on international human rights. The Moral Dimensions of Human Rights takes a broad approach by discussing allthree species of human rights - moral, international, and national - at length. At the same time, Carl Wellman pays special attention to the moral reasons that are relevant to each kind of human rights.The book has three parts. In the first, Wellman develops an original view of the nature and grounds of moral human rights based on his previous publications in the general theory of rights, especially Real Rights. The next part explains how moral human rights are relevant both to the justificationand to the interpretation of human rights in international law and identifies several other relevant moral considerations. In the third part, the author argues that different kinds of moral and international human rights ought to be incorporated into national legal systems in four distinctways-recognition in a written constitution, judicial decisions, legislation, and ratified human rights treaties.

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Many books on human rights either concentrate on human rights as fundamental moral rights with little attention to international human rights, or discount moral human rights and focus on international human rights. The Moral Dimensions of Human Rights takes a broad approach by discussing allthree species of human rights - moral, inter...

Carl Wellman is Emeritus Hortense and Tobias Lewin Distinguished University Professor in the Humanities at Washington University St Louis. He is the author of Real Rights.

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Format:HardcoverDimensions:272 pages, 9.25 × 6.12 × 0.98 inPublished:January 28, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199744785

ISBN - 13:9780199744787

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Table of Contents

1. An Approach to Human Rights1. The Natural Rights Tradition2. Alternative Approaches3. Conclusion2. The Nature of Moral Human Rights1. Rights2. Moral Rights3. Human Rights4. Modality5. Adversarial6. Universal7. Political Import8. Inalienable9. Importance10. Conclusion3. Grounds of Moral Human Rights1. Basal Rights2. Derived Rights3. Conclusions4. Moral Dimensions of Human Rights Documents1. Declarations2. Treaties3. Security Rights4. Rights to Liberty5. Equality Rights6. Welfare Rights7. Due Process Rights8. Political Rights9. Group Rights10. Conclusions5. Nature of International Human Rights1. Rights2. Modality3. Adversarial4. Universality5. Conclusion6. Grounds of International Human Rights1. The Charter of the United Nations2. Conventions Sponsored by the United Nations3. General Assembly Resolutions4. Reports of Human Rights Committees5. Evidences of Customary International Law6. Judicial Decisions7. Conclusions7. International Rights vs. National Sovereignty1. United Nations Charter2. General Assembly Resolutions3. United Nations Practices4. International Court Cases5. Unresolved Legal Issues6. Just Resolutions7. Conclusions8. Constitutional Rights1. Constitutional Recognition2. Entrenchment3. As Human Rights?4. Conclusion9. Judicial Recognition of Human Rights1. Advantages2. Disadvantages3. Appraisal on Balance4. Redefining Constitutional Rights5. Deriving Rights6. Recognizing Additional Rights7. Conclusion10. Legislative Recognition and Implementation1. Disadvantages of Legislative Recognition2. Advantages of Legislative Recognition3. Which Rights?4. Kinds of Implementation5. Which Kinds?6. Conclusion11. Recognition and Implementation of Treaty Rights1. When Agree?2. When Reservations?3. How Implement?4. Conclusions12. Moral Dimensions1. Moral Human Rights2. International Human Rights3. National Human Rights