Community and Collective Rights

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Community and Collective Rights

A Theoretical Framework for Rights Held by Groups

Law: Human rights and civil liberties

Author: Dwight Newman

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Collection: Law and Practical Reason

Language: English

Published by: Hart Publishing

Published on: 13th July 2011

Format: LCP-protected ePub

Size: 260 pages

ISBN: 9781847317780


Overview

This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups.

Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice.

Normative Explanation

The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts.

Examples and Applications

Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups.

The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights.

The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.

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