ENGLISH

Deliberative Democracy and Human Rights

By Harold Koh (editor); Ronald C. Slye (editor)

Book information

Publisher
Yale University Press
Year
2008
ISBN
9780300128734
Language
english
Format
PDF
Filesize
934 kB (956055 bytes)
Pages
328\325
Time added
2023-05-30 03:18:10

Description

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? Contents Part One Introduction Deliberative Democracy and Human Rights: An Introduction Chapter 1 The Death of a Public Intellectual Part Two Ethical Bases of International Human Rights Chapter 2 Personal Rights and Public Space Chapter 3 In the Beginning Was the Deed Chapter 4 Autonomy and Consequences Chapter 5 On Philosophy and Human Rights Part Three Nation-Building, Constitutionalism, and Democracy Chapter 6 The Moral Reading and the Majoritarian Premise Chapter 7 Constitutionalism, Democracy, and State Decay Chapter 8 Constitutionalism and Democracy Chapter 9 Group Aspirations and Democratic Politics Part Four Democracy and Deliberation Chapter 10 Creating the Conditions for Democracy Chapter 11 Power Under State Terror Chapter 12 Deliberation, Disagreement, and Voting Chapter 13 Deliberative Democracy and Majority Rule: Reply to Waldron Chapter 14 The Epistemic Theory of Democracy Revisited Chapter 15 Democracy and Philosophy: A Reply to Stotzky and Waldron Part Five Confronting Radical Evil Chapter 16 Punishment and the Rule of Law Chapter 17 From Dictatorship to Democracy: The Role of Transitional Justice Chapter 18 Dictatorship and Punishment: A Reply to Scanlon and Teitel Chapter 19 Human Rights and Democracy in Practice: The Challenge of Accountability Contributors Index

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