Collective Rights

A Legal Theory

Nonfiction, Reference & Language, Law, Religion & Spirituality, Philosophy, Social & Cultural Studies, Political Science
Cover of the book Collective Rights by Miodrag A. Jovanović, Cambridge University Press
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Author: Miodrag A. Jovanović ISBN: 9781139209694
Publisher: Cambridge University Press Publication: January 12, 2012
Imprint: Cambridge University Press Language: English
Author: Miodrag A. Jovanović
ISBN: 9781139209694
Publisher: Cambridge University Press
Publication: January 12, 2012
Imprint: Cambridge University Press
Language: English

In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights.

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In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights.

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