Through Thin and Thick

Explains how human rights can boil down to a matter of principle and yet call for implementation through policies.

Ángel R. Oquendo (Author)

9781108478243, Cambridge University Press

Hardback, published 30 June 2022

339 pages
23.5 x 15.8 x 2.2 cm, 0.6 kg

'Through Thin and Thick advances a progressive, decolonizing and emancipatory vision of human rights. Oquendo develops a post-doctrinal, dialogic account of how courts and other legal institutions facilitate principled conversation about the politics of human rights law between and among states and civil society. The book offers a compelling defense of human rights theory and practice as an institutionalized political conversation about the reach and rule of law.' Kendall Thomas, Nash Professor of Law, Columbia University

The book launches with examples, concrete cases, or political confrontations to explain how to conceive the safeguards at stake. It portrays these as embodying principles requiring particular actions and the implementation of policies. For instance, free speech demands permitting seemingly offensive expression plus promoting a diverse and open public debate. The work scrutinizes specific guaranties, such as those pertaining to asylum, citizenship, abortion, due process, self-determination, or the environment. It presents them as engendering problems peculiar to them. Next, the discussion dissects how precepts, like human rights and democracy, may contingently clash despite their overall commensurability. Finally, it underscores the interconnection of negative, substantive, and national entitlements with their positive, procedural, and international counterparts. Throughout, ruminations on the following questions unfold: How may courts and governments respectively contribute to actualizing the liberties at issue? How do these bear upon social justice? How may ideologically opposed states nonetheless collaborate on them?

Part I. Conception: 1. Prelude
2. Sovereignty
3. Decision-making
4. Politicization
5. Principles
6. Politics
7. Synthesis
8. Enforcement
9. Evaluation
10. Postlude
Part II. Concretion: 11. Asylum
12. Citizenship
13. Abortion
14. Due process
15. Self-determination
16. Self-government
17. Environment
18. Recognition
Part III. Confliction: 19. Preview
20. Congruence
21. Conflict
22. Exemplification
23. Review
Part IV. Connection: 24. Overview
25. Positivity
26. Procedure
27. Protection
28. Security
29. Aggregation
30. Collectivization
31. Internationalization
Conclusion.

Subject Areas: Human rights & civil liberties law [LNDC]