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A New Philosophy of Human Rights

The Deliberative Account

Joshua J. Kassner

The philosophy of human rights has, in recent years, revolved around a supposed dilemma. On the one hand, some contend that the normative system of human rights should be understood from a moral point of view that is independent of conventional practice of human rights. Others contend that the normative system of human rights should be understood from a point of view that is internal to the practice of human rights. A New Philosophy of Human Rights: The Deliberative Account takes on the ambitious task of offering a new philosophy of human rights grounded in the proposition that the current debate is centered on a mistaken assumption. After identifying this error, Joshua J. Kassner develops a novel philosophical account grounded in a deliberative process that leverages the epistemic and practical functions of the practice of human rights, bridging the divide between orthodox and political accounts and promising a more hopeful and constructive future for the philosophy of human rights. The book ends with suggestions for institutional design and reform to transform the promise into reality.

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Lexington Books
Pages: 186 • Trim: 6¼ x 9¼
978-1-7936-2153-5 • Hardback • November 2024 • $105.00 • (£81.00)
978-1-7936-2154-2 • eBook • October 2024 • $45.00 • (£35.00)
Subjects: Philosophy / Political, Political Science / International Relations / General, Philosophy / Ethics & Moral Philosophy

Joshua J. Kassner is professor and director of the philosophy program at the University of Baltimore.

Acknowledgments

Introduction

Chapter 1: Groundwork

Chapter 2: Understanding the Positions

Chapter 3: Reconstructing the Debate

Chapter 4: Deriving the Desiderata

Chapter 5: A Little House Cleaning

Chapter 6: Assessing Orthodox and Political Accounts of Human Rights

Chapter 7: The Deliberative Account of Human Rights

Conclusion: Exploring the Practice of Human Rights as a Space of Public Reasoning

Bibliography

About the Author

“Joshua J. Kassner’s new deliberative account of human rights is inspiring, convincing, and hopeful. Kassner offers compelling theoretical foundations for much of what matters most for human well-being in a generally unjust world.”


— Mortimer Sellers, the University of Baltimore


“A New Philosophy of Human Rights innovatively contributes to the study of human rights. Moving beyond the binary of orthodox and political perspectives, Kassner taps into diverse perspectives within a deliberative framework in the practice of human rights. With a focus on public reasoning within the deliberative account and an understanding of the limitations of institutional and social practices as they are in the world rather than looking for a top-down idealized abstraction, this book is geared toward achieving a real-world understanding of the normativity of human rights. One important implication is that human rights discourse can remain true to its universal norms while being responsive to cultural complexities and differences, that it can be both substantive and negotiable as it faces the increasingly vocal challenges of diversity. Kassner also explores several leading philosophical ideologies and competing ethical theories with admirable clarity, impressive depth, and sharply contested arguments. He sets the tone and direction of this important area of scholarship for years to come.”


— Deen Chatterjee, University of Utah, S.J. Quinney College of Law


A New Philosophy of Human Rights

The Deliberative Account

Cover Image
Hardback
eBook
Summary
Summary
  • The philosophy of human rights has, in recent years, revolved around a supposed dilemma. On the one hand, some contend that the normative system of human rights should be understood from a moral point of view that is independent of conventional practice of human rights. Others contend that the normative system of human rights should be understood from a point of view that is internal to the practice of human rights. A New Philosophy of Human Rights: The Deliberative Account takes on the ambitious task of offering a new philosophy of human rights grounded in the proposition that the current debate is centered on a mistaken assumption. After identifying this error, Joshua J. Kassner develops a novel philosophical account grounded in a deliberative process that leverages the epistemic and practical functions of the practice of human rights, bridging the divide between orthodox and political accounts and promising a more hopeful and constructive future for the philosophy of human rights. The book ends with suggestions for institutional design and reform to transform the promise into reality.

Details
Details
  • Lexington Books
    Pages: 186 • Trim: 6¼ x 9¼
    978-1-7936-2153-5 • Hardback • November 2024 • $105.00 • (£81.00)
    978-1-7936-2154-2 • eBook • October 2024 • $45.00 • (£35.00)
    Subjects: Philosophy / Political, Political Science / International Relations / General, Philosophy / Ethics & Moral Philosophy
Author
Author
  • Joshua J. Kassner is professor and director of the philosophy program at the University of Baltimore.

Table of Contents
Table of Contents
  • Acknowledgments

    Introduction

    Chapter 1: Groundwork

    Chapter 2: Understanding the Positions

    Chapter 3: Reconstructing the Debate

    Chapter 4: Deriving the Desiderata

    Chapter 5: A Little House Cleaning

    Chapter 6: Assessing Orthodox and Political Accounts of Human Rights

    Chapter 7: The Deliberative Account of Human Rights

    Conclusion: Exploring the Practice of Human Rights as a Space of Public Reasoning

    Bibliography

    About the Author

Reviews
Reviews
  • “Joshua J. Kassner’s new deliberative account of human rights is inspiring, convincing, and hopeful. Kassner offers compelling theoretical foundations for much of what matters most for human well-being in a generally unjust world.”


    — Mortimer Sellers, the University of Baltimore


    “A New Philosophy of Human Rights innovatively contributes to the study of human rights. Moving beyond the binary of orthodox and political perspectives, Kassner taps into diverse perspectives within a deliberative framework in the practice of human rights. With a focus on public reasoning within the deliberative account and an understanding of the limitations of institutional and social practices as they are in the world rather than looking for a top-down idealized abstraction, this book is geared toward achieving a real-world understanding of the normativity of human rights. One important implication is that human rights discourse can remain true to its universal norms while being responsive to cultural complexities and differences, that it can be both substantive and negotiable as it faces the increasingly vocal challenges of diversity. Kassner also explores several leading philosophical ideologies and competing ethical theories with admirable clarity, impressive depth, and sharply contested arguments. He sets the tone and direction of this important area of scholarship for years to come.”


    — Deen Chatterjee, University of Utah, S.J. Quinney College of Law


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