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Look Inside Through Thin and Thick

Through Thin and Thick

Part of Globalization and Human Rights

Author: Ángel R. Oquendo, University of Connecticut

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isbn: 9781108801652

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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?
- Explores legal and philosophical issues touching upon the guaranties at stake
- Shows how negative, substantive, and national entitlements interact with positive, procedural, and international ones
- Demonstrates how political principles, such as those of democracy and human rights, may contingently conflict
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Reviews & endorsements
'Ángel Oquendo powerfully deploys close readings of concrete conflicts - with a special focus on Latin America and the Inter-American System - to argue that human rights, in their best elaboration, are sound in neither politics nor law, but instead arise out of an unresolvable conflict between the two. A hermeneutic upheaval of a book.' Daniel Markovits, Guido Calabresi Professor of Law, Yale Law School
'This brilliantly unconventional book demonstrates how a learned scholar combines deep political-philosophical conceptual analysis with thick descriptions of cases and facts on the ground to interrogate the promises and challenges for the Inter-American human rights system. Going from concepts of human rights derived from both inside and outside the region, Oquendo takes on the recent challenges of the Bolivian/Andes nations to the multi-national court that has been both a leader and a follower in the globalization and politicization of human rights. A must-read for any student of human rights and justice in Latin America and beyond.' Carrie Menkel-Meadow, Distinguished Professor of Law and Political Science, University of California, Irvine, and A. B. Chettle Jr. Professor of Law, Dispute Resolution, and Civil Procedure, Emerita, Georgetown University Law Center
'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
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Product details
- format: Adobe eBook Reader
- isbn: 9781108801652
Table of Contents
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.
Look Inside
Author
Ángel R. Oquendo, University of Connecticut
Ángel R. Oquendo is George J. and Helen M. England Professor of Law at the University of Connecticut. Oquendo has held visiting professorships at Berkeley, Georgetown, and other prominent institutions. A fully revised fourth edition of his leading textbook, Latin American Law, is soon to publish.
Contributors
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