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Paradigms of International Human Rights Law

Fellmeth, Aaron Xavier

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Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other.

Accessories:

No Accessory

Publisher

OXFORD UNIV PR

Bisac Major Subject

Law

Binding Type

Hardcover

Country Of Origin

Number Of Units

Length

9.1 Inches

Barcode Indicator

EAN

Width

6.1 Inches

Publication Date

1970-01-01

Height

0.4 Inches

ISBN 10

0190611278

Weight

0.85 Pounds

Book EAN

9780190611279

Target Audiance

Adults

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Paradigms of International Human Rights Law