Description
Book SynopsisDo Human Rights truly serve the people? Should citizens themselves decide democratically of what those rights consist? Or is it a decision for experts and the courts? The author argues that Human Rights must be established democratically.
Table of Contents Preface
Part I: The Notion of Human Rights Prior to 1789
Chapter 1. The Prehistory and Context of Human Rights
- The Concept of Human Dignity
- Charters of Liberties and the Social Contract
Chapter 2. First Notions of Human Rights
- Hobbes
- Locke
- Rousseau
- Kant
Chapter 3. Human Rights, Morals, and Law
- Normativity and Reality
- Natural Law and Positive Law
- Autonomy, Virtue, and Coercion
Part II: Human Rights from 1789 to 1989
Chapter 4. From Human Rights to Positive Law
- Nationalization
- Internationalization
Chapter 5. Human Rights, the State, and Democracy
- The Role of the State
- Democratic Legitimacy for Human Rights
Chapter 6. Politics and Law
- Politics and Law at the National Level
- The Ambivalence of Internationalization
Part III: The Crisis in Human Rights Since 1989
Chapter 7. The Cold War
- East-West Confrontation
- New Interventionism
Chapter 8. Moralizing Human Rights
- Politics and Law Switch Roles
- An Instrument of Liberation becomes Tool of Discipline
Chapter 9. Natural Right and Imposed Concepts of Man
- Expertise Ousts Democracy
- The Revolutionary Aspect of Human Rights
Part IV: Outlook
Chapter 10. Perspectives for Democratic Legitimacy
- Responsibility at the National Level
- Mitigating Discourse on Human Rights
Chapter 11. Universality and Regionalization
- Differentiation in the West
- Freedom and Equality
Chapter 12. Repercussions from the Cold War
- Religion versus Human Rights
- From Locke to Kant
Notes
Bibliography
Index
