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Human Rights and Their Limits

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ISBN-10: 0521125235

ISBN-13: 9780521125239

Edition: 2009

Authors: Wiktor Osiatyński

List price: $68.95
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Book details

List price: $68.95
Copyright year: 2009
Publisher: Cambridge University Press
Publication date: 9/14/2009
Binding: Paperback
Pages: 262
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 0.946
Language: English

Wiktor Osiatyński is a professor at the Central European University, where he teaches at the CEU Legal Program in Budapest. He is a former co-director of the Center for the Study of Constitutionalism in Eastern Europe at the Chicago Law School and an advisor to a number of constitutional committees of Poland's parliament. The author of more than twenty books, Osiatyński is a member of the board of the Open Society Institute Budapest and of the board of the OSI Justice Initiative as well as of a Human Rights and Governance Grant Program at the OSI. In 2007, he cofounded the Women's Party in Poland.

Preface
Acknowledgments
A Short History of Human Rights
Individual Rights
The Origins
Two Traditions of Rights
The Second Generation of Rights
Human Rights
First Proposals
The Formulation
A Compromise
Individual and Human Rights
The Rights Revolution
International Human Rights
Restoration of Rights
Rights and Duties in the Socialist and Catholic Concepts of Rights
New Challenges
Human Rights and the �War on Terror�
Responsibility to Protect
Rights and Resources
Human Rights and Humanitarianism
Conclusions
Rights and Democracy
Domocracy and Human Rights
Constitutional Democracy
The Logic of Democracy and the Logic of Rights
The Challenges of Democratic Constitution Making
Illiberal and Populist Democracies
Electronic Democracy
Individual and Group Rights
Exclusion
Citizenship and Welfare
Is Democracy Enough?
Legal Empowerment
Conclusions: Toward a New Concept of Democracy
Rights and Needs
Categories of Human Rights
Social and Economic Rights as Human Rights
Do Social Rights Differ from Civil and Political Rights?
The Legal Status of Social Rights
Social Rights in International Human Rights Law
Constitutional Solutions
Rights or Needs?
What Are Social Rights About?
Basic Needs
The Conditionality of Social Rights
Social Rights in a Limited State
The Regulatory Function
Setting Public Policy Goals
The Enforcement of Public Policy Goals
Constitutional Social Rights
Conclusions
Rights and Cultures
Universal Origins of Human Rights
Challenges to Universality
Authoritarian Development
Cultural Relativism
The New Crusade of the West
Arguments against Cultural Relativism
Freedom and Development
Arguments for Universalism
Modernization and Rights
Evolutionary Arguments
Points of Debate
Imposition by the West
A Change of Ideology
A Change in Content
The Individual and the Community
Can a Cross-Cultural Consensus on Human Rights Be Restored?
Human Rights and the Philosophy of Human Rights
Two Types of Violations
Conclusions: �Havel� and �Soft� Universalism
Human Rights and Other Values
Rights and Dignity
Rights in the Public Sphere
Rights between the Individual and the State
Rights and Society
Human Rights in the Private Sphere
The Horizontal Application of Rights
Human Rights as Guiding Principles
Between Morality and Law
Beyond Rights
Claiming vs. Giving
The Right Not to Claim Rights
Rights and the Pursuit of Happiness
Rights and Ethics
Conclusion
Bibliography
Index