Human Rights, Democracy, and Legitimacy in a World of Disorder

Examines a trio of key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy.

Silja Voeneky (Edited by), Gerald L. Neuman (Edited by)

9781108420945, Cambridge University Press

Hardback, published 11 October 2018

314 pages
23.5 x 15.7 x 2.1 cm, 0.56 kg

Human Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Comprising essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may bring order to the global community.

Introduction
Part I. General Aspects of Human Rights, Democracy, and Legitimacy: 1. Human rights as membership rights in the world society Mathias Risse
2. Human rights, treaties, and international legitimacy Gerald L. Neuman
3. Human rights and constitutional rights: a proceduralizing function for substantive constitutional law? Frank I. Michelman
4. Expectation-based legitimacy Wilfried Hinsch
5. The second bill of rights: a reconsideration Samuel Moyn
Part II. Current Problems of Human Rights, Democracy, and Legitimacy: 6. Human rights and the legitimate governance of existential and global catastrophic risks Silja Voeneky
7. On the human right to health: statistical lives, contingent persons, and other difficult questions I. Glenn Cohen
8. Democracy, health systems, and the right to health: narratives of charity, markets, and citizenship Alicia Ely Yamin
9. Political legitimacy and private governance of human rights: community-business social contracts and constitutional moments Tyler Giannini
10. Human rights and legitimacy in the implementation of EU asylum and migration law Iris Goldner Lang
11. On uses and misuses of human rights in European constitutionalism Vlad Perju.

Subject Areas: Social law [LNT], Human rights & civil liberties law [LNDC], Company law [LNCD], Company, commercial & competition law [LNC], International organisations & institutions [LBBU], International humanitarian law [LBBS], International human rights law [LBBR], Public international law [LBB], Law & society [LAQ], Law [L]