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Oxford Law Citator
Contents
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Human Rights and World Public Order - The Basic Policies of an International Law of Human Dignity, 2nd Edition by McDougal, Myres S; Lasswell, Harold D; Chen, Lung-chu
Preliminary Material
Dedication
Preface to the New Edition
Contents
Dedication
Preface to the Original Edition
About the Author
Harold Dwight Lasswell 1902–1978
McDougal as Teacher, Mentor, and Friend
Theory about Law: Jurisprudence for a Free Society
New Introduction to Human Rights and World Public Order
I Introduction
II The Changing Context of Conditions
III The Expanding Concept of Human Rights
The Third Generation of Human Rights (Human Solidarity Rights)
Respect.
Power.
Enlightenment.
Well-being.
Wealth.
Skill.
Affection.
Rectitude.
The Right to Peace
IV The Emergence and Development of the Concept of Human Security
V The Development of a Comprehensive Global Bill of Human Rights
Prescription:
Invocation:
Application:
Termination:
Prescription
Invocation
Application
Termination
VI A Comprehensive Concept and Framework of Implementation—Processes of Authoritative Decision and Effective Power
VII Increasing Effectiveness in Performance of Relevant Decision Functions
The Intelligence Function
The Promoting Function
The Prescribing Function
The Invoking Function
The Applying Function
The Terminating Function
The Appraising Function
VIII From State Sovereignty toward State Responsibility to Protect
IX Individual Criminal Responsibility
X The Vital Role of Civil Society
Intelligence:
Promotion:
Prescription:
Invocation:
Application:
Termination:
Appraisal:
XI Projection of Probable Future Developments
XII Conclusion: A Grand Strategy of Mobilization and Simultaneity
Intelligence:
Promotion:
Prescription:
Invocation:
Application:
Termination:
Appraisal:
Main Text
Part 1 Delimitation of the Problem
One Human Rights in Comprehensive Context
The Rising Common Demands
Demands Relating to Respect
Demands Relating to Power
Demands Relating to Enlightenment
Demands Relating to Well-Being
Demands Relating to Wealth
Demands Relating to Skill
Demands Relating to Affection
Demands Relating to Rectitude
Inadequate Responses—Deprivations and Nonfulfillment of Human Rights
Deprivations Relating to Respect
Deprivations Relating to Power
Deprivations Relating to Enlightenment
Deprivations Relating to Well-Being
Deprivations Relating to Wealth
Deprivations Relating to Skill
Deprivations Relating to Affection
Deprivations Relating to Rectitude
Conditions Affecting Deprivations and Nonfulfillments
Environmental Factors
Predispositional Factors
Interdependences
Inadequacies in Inquiry: The Intellectual Confusion about Human Rights
The Natural Law Approach
The Historical Approach
The Positivist Approach
The Marxist (Communist) Approach
The Social Science Approach
Human Rights in Policy-Oriented Perspective
The Establishment of the Observational Standpoint
The Delimitation of the Focus of Inquiry
The Relation of Human Rights to Social Process
The Conception of Authoritative Decision
Comprehensiveness in Conception of Processes of Authoritative Decision
The Relation to Community Processes
The Explicit Postulation of Basic Public Order Goals
The Performance of Intellectual Tasks
The Clarification of Community Policies
The Description of Past Trends in Decision
The Analysis of Factors Affecting Decision
The Projection of Future Trends
The Invention and Evaluation of Policy Alternatives
Two The Social Setting of Human Rights: The Process of Deprivation and Nonfulfillment of Values
Participants
Organized Groups
Nation-States
International Governmental Organizations
Political Parties
Pressure Groups
Private Associations
Terror Groups and Gangs
Unorganized Groups
Culture
Class
Interest
Personality
Crisis
Perspectives
Demands
Identifications
Expectations
Contending Systems of Public Order
Situations
Geographic Features
Temporal Features
Institutionalization
Crisis
Base Values
Strategies
Outcomes
Three Claims Made to Authority for the Protection of Human Rights
Claimants
Perspectives
Specific Types of Claim
Claims Relating to the Process of Deprivation and Nonfulfillment of Values
I Claims Relating to Respect
II Claims Relating to Power
III Claims Relating to Enlightenment
IV Claims Relating to Well-Being
V Claims Relating to Wealth
VI Claims Relating to Skill
VII Claims Relating to Affection
VIII Claims Relating to Rectitude
Claims Relating to Permissible Derogation from Established Standards
Claims Relating to the Constitutive Process of Authoritative Decision
The Context of Conditions
Four The Global Constitutive Process of Authoritative Decision
The Major Features of Contemporary Constitutive Process
Participation
Nation-States
International Governmental Organizations
Political Parties
Pressure Groups
Private Associations
The Individual
Perspectives
Arenas
Establishment
Diplomatic
Parliamentary-Diplomatic
Parliamentary
Adjudicative
Executive
Access
Compulsoriness
Base Values
Authority
Effective Control
Strategies
The Diplomatic Instrument
The Ideological Instrument
The Economic Instrument
The Military Instrument
The Congo Case
The Bangladesh Case
The Entebbe Rescue Operation
Participants
Perspectives
Situation
Base Values
Strategies
Outcomes
Outcomes
The Intelligence Function
The Promoting Function
The Prescribing Function
The Invoking Function
The Applying Function
Bilateral Negotiations between the States Concerned
Proceedings before the Human Rights Committee
Proceedings before an Ad Hoc Conciliation Commission
Proceedings before the European Commission of Human Rights
Proceedings before the European Court of Human Rights
Proceedings before the Committee of Ministers
The Terminating Function
The Appraising Function
The Human Rights Prescriptions as an Emerging Global Bill of Rights
Prescription
Application
The United Nations and Its Organs
Nation-States and Their Officials
Unilateral Acts
Agreements
Nongovernmental Actors
Invocation
Termination
Part 2 The Clarification of General Community Policies
Five The Basic Policies of a Comprehensive Public Order of Human Dignity
The Observational Standpoint: Identification with the Whole of Humankind
The Perspectives of a Comprehensive World Public Order: Clarifying Policies
The Postulation of the Goal Values of Human Dignity
Postulated Goal Values in Social Process
Preferred Policies Relating to the World Process of Value Fulfillment and Deprivation
I Preferences relating to respect
II Preferences relating to power
III Preferences relating to enlightenment
IV Preferences relating to well-being
V Preferences relating to wealth
VI Preferences relating to skill
VII Preferences relating to affection
VIII Preferences relating to rectitude
Postulated Goal Values in Constitutive Process
Preferred Policies Relating to World Constitutive Process
Participation in Decision Making
Representativeness
Responsibility
Perspectives
Demands
Identifications
Expectations
Arenas
Establishment
Access
Bases of Power
Authority
Control
Strategies
Outcomes
Aggregate Consequences
Particular Functions (Types of Decisions)
The Conception of Common Interest
The Accommodation of Interests in Particular Instances
Principles of Content
Principles Relating to the Prescribing Process
Ascertaining the prescription
Supplementing Expectations
Integrating Expectations
Principles Relating to the Process of Claim
Principles Relating to the Process of Decision
Principles of Procedure
The Contextual Principle
The Principle of Economy
The Principle of Manifest (Provisional) Focus
The Principle of Clarified Focus
The Principle of Observing Trends in Past Experience
The Principle of Realistic Orientation in Factors Affecting Decision
The Principle of Observing the Constraints of Future Probabilities
The Principle of Evaluating and Inventing Options in Decision
The Significance of Past Trends
The Analysis of Factors Conditioning Trends
The Projection of Probable Future Developments
The Invention and Evaluation of Alternatives: Looking Toward an Optimum Public Order of Human Dignity
Part 3 Trends in Decision and Conditioning Factors: Claims Relating to Respect
Six Respect as the Core Value of Human Rights
The Clarification of General Community Policies
Seven Claims Relating to Fundamental Freedom of Choice
s.1 The Eradication of Slavery
Factual Background
Basic Community Policies
Trends in Decision
Appraisal and Recommendations
s.2 The Elimination of Caste
s.3 The Elimination of Apartheid
Factual Background
Basic Community Policies
Trends in Decision
Eight Claims Relating to a Basic Equality of Opportunity and Freedom from Discrimination
Nine Claims Relating to Racial Discrimination
Factual Background
Basic Community Policies
Trends in Decision
Ten The Outlawing of Sex-Based Discrimination
Factual Background
Basic Community Policies
Trends in Decision
Proposals for Application
Eleven Claims Relating to Freedom from Religious Discrimination
Factual Background
Basic Community Policies
Trends in Decision
The Inclusive Context of Religious and other Basic Freedoms of Belief
Twelve Claims for Freedom from Discrimination because of Nonconforming Political Opinion
Factual Background
Basic Community Policies
Trends in Decision
Future Developments
Thirteen Claims for Freedom from Discrimination in Choice of Language
Factual Background
Basic Community Policies
Trends in Decision
Pre-United Nations Protections
Protections under the United Nations
Regional Protections: The Belgian Linguistic Cases
National Protections
Future Developments
Fourteen The Protection of Aliens from Discrimination: State Responsibility Conjoined with Human Rights
Factual Background
Basic Community Policies
Trends in Decision
The Future of Protection
Fifteen The Protection of the Aged from Discrimination
Factual Background
Basic Community Policies
Trends in Decision
Future Developments
Part 4 Future Prospects
Sixteen The Aggregate Interest in Shared Respect and Human Rights: The Harmonization of Public Order and Civic Order
Claims Relating to Comprehensive Public Order
Factual Background
Basic Community Policies
Trends in Decision
Claims Relating to Civic Order (Including Privacy)
Factual Background
Basic Community Policies
Trends in Decision
The Future of Human Rights in Public and Civic Order
Further Material
Appendix Nationality and Human Rights: The Protection of the Individual in External Arenas
Delimitation of the Problem
The Clarification of General Community Policy
Trends in Decision and Conditioning Factors
Claims by the Individual to a Protecting State
Claims Relating to the Conferment of Nationality
Claims Relating to Withdrawal of Nationality
Voluntary Expatriation
Withdrawal with Consent (Genuine or Constructive) for Promoting Harmonious Relations between States
Withdrawal without Consent as Punishment
Claims Relating to Statelessness
Minimization of Statelessness
Statelessness at Birth
Statelessness Subsequent to Birth
Mitigations of Statelessness
Claims Relating to Multiple Nationality
Appraisal and Recommendations
Table of Cases
Name Index
Subject Index
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About the Author
From:
Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (2nd Edition)
Myres S. McDougal, Harold D. Lasswell, Lung-chu Chen
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
07 February 2019
ISBN:
9780190882631
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