A New Philosophy of Human Rights
The Deliberative Account
Format:Hardback
Publisher:Bloomsbury Publishing PLC
Published:7th Nov '24
Currently unavailable, and unfortunately no date known when it will be back

The philosophy of human rights has stalled over a debate between orthodox theorists committed to a moral understanding of human rights and political theorists who adopt a positivist approach. A New Philosophy of Human Rights challenges both, offering a novel deliberative account that bridges this divide.
The philosophy of human rights has, in recent years, revolved around a supposed dilemma. On the one hand, some contend that the normative system of human rights should be understood from a moral point of view that is independent of conventional practice of human rights. Others contend that the normative system of human rights should be understood from a point of view that is internal to the practice of human rights. A New Philosophy of Human Rights: The Deliberative Account takes on the ambitious task of offering a new philosophy of human rights grounded in the proposition that the current debate is centered on a mistaken assumption. After identifying this error, Joshua J. Kassner develops a novel philosophical account grounded in a deliberative process that leverages the epistemic and practical functions of the practice of human rights, bridging the divide between orthodox and political accounts and promising a more hopeful and constructive future for the philosophy of human rights. The book ends with suggestions for institutional design and reform to transform the promise into reality.
“Joshua J. Kassner’s new deliberative account of human rights is inspiring, convincing, and hopeful. Kassner offers compelling theoretical foundations for much of what matters most for human well-being in a generally unjust world.” -- Mortimer Sellers, the University of Baltimore
“A New Philosophy of Human Rights innovatively contributes to the study of human rights. Moving beyond the binary of orthodox and political perspectives, Kassner taps into diverse perspectives within a deliberative framework in the practice of human rights. With a focus on public reasoning within the deliberative account and an understanding of the limitations of institutional and social practices as they are in the world rather than looking for a top-down idealized abstraction, this book is geared toward achieving a real-world understanding of the normativity of human rights. One important implication is that human rights discourse can remain true to its universal norms while being responsive to cultural complexities and differences, that it can be both substantive and negotiable as it faces the increasingly vocal challenges of diversity. Kassner also explores several leading philosophical ideologies and competing ethical theories with admirable clarity, impressive depth, and sharply contested arguments. He sets the tone and direction of this important area of scholarship for years to come.” -- Deen Chatterjee, University of Utah, S.J. Quinney College of Law
ISBN: 9781793621535
Dimensions: unknown
Weight: unknown
186 pages