This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

The Heart of Human Rights

Politics & Social Sciences

Buchanan, Allen

Philosophy

Oxford University Press

In Better than Human?, noted bioethicist Allen Buchanan grapples with the ethical dilemmas of the medical revolution now upon us. Biomedical enhancements, he writes, can make us smarter, have better memories, be stronger, quicker, have more stamina, live much longer, be more resistant to disease and to the frailties of aging, and enjoy richer emotional lives. They can even improve our character, or at least strengthen our powers of self-control. In spite of the benefits that biomedical enhancements may bring, many people instinctively reject them. Some worry that we will lose something important-our appreciation for what we have or what makes human beings distinctively valuable. To think clearly about enhancement, Buchanan argues, we have to acknowledge that nature is a mixed bag and that our species has many "design flaws". We should be open to the possibility of becoming better than human, while never underestimating the risk that our attempts to improve may backfire.

Better than Human: The Promise and Perils of Biomedical Enhancement (Philosophy in Action)

In The Evolution of Moral Progress, Allen Buchanan and Russell Powell resurrect the project of explaining moral progress. They avoid the errors of earlier attempts by drawing on a wide range of disciplines including moral and political philosophy, evolutionary biology, evolutionary psychology, anthropology, history, and sociology. Their focus is on one especially important type of moral progress: gains in inclusivity. They develop a framework to explain progress in inclusivity to also illuminate moral regression--the return to exclusivist and "tribalistic" moral beliefs and attitudes. Buchanan and Powell argue those tribalistic moral responses are not hard-wired by evolution in human nature. Rather, human beings have an evolved "adaptively plastic" capacity for both inclusion and exclusion, depending on environmental conditions. Moral progress in the dimension of inclusivity is possible, but only to the extent that human beings can create environments conducive to extending moral standing to all human beings and even to some animals. Buchanan and Powell take biological evolution seriously, but with a critical eye, while simultaneously recognizing the crucial role of culture in creating environments in which moral progress can occur. The book avoids both biological and cultural determinism. Unlike earlier theories of moral progress, their theory provides a naturalistic account that is grounded in the best empirical work, and unlike earlier theories it does not present moral progress as inevitable or as occurring in definite stages; but rather it recognizes the highly contingent and fragile character of moral improvement.

The Evolution of Moral Progress: A Biocultural Theory

Powell, Russell

Institutionalizing the Just War offers a new approach to thinking about the ethics of large-scale armed conflict. Allen Buchanan takes a unique approach to just war theory, arguing that theories that are content with articulating abstract moral norms specifying right acts of war-making, provide too little guidance for responding to the real world moral problems of war. Buchanan here instead takes an institutional approach, combining moral analysis with data on how institutions are designed, and providing concrete proposals for morally progressive innovations at the institutional level. Buchanan's institutional approach in this book - which is based on the revision of previously published essays -- is singular and will be of great interest not just to scholars of just war theory, but anyone interested in the morality of war within political science, political philosophy, philosophy of international law, and public policy.

Institutionalizing the Just War

Foreign & International Law

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.

Human Rights, Legitimacy, and the Use of Force

In this volume Allen Buchanan collects ten of his most influential essays on justice and healthcare and connects the concerns of bioethicists with those of political philosophers, focusing not just on the question of which principles of justice in healthcare ought to be implemented, but also on the question of the legitimacy of institutions through which they are implemented. With an emphasis on the institutional implementation of justice in healthcare, Buchanan pays special attention to the relationship between moral commitments and incentives. The volume begins with an exploration of the difficulties of specifying the content of the right to healthcare and of identifying those agents and institutions that are obligated to help ensure that the right thus specified is realized, and then progresses to an examination of the problems that arise in attempts to implement the right through appropriate institutions. In the last two essays Buchanan pursues the central issues of justice in healthcare at the global level, exploring the idea of healthcare as a human right and the problem of assigning responsibilities for ameliorating global health disparities. Taken together, the essays provide a unique and consistent position on a wide range of issues, including conflicts of interest in clinical practice and the claims of medical professionalism, the nature and justification for the right to health care, the relationship between responsibility for healthcare and the nature of the healthcare system, and the problem of global health disparities. The result is an approach to justice in healthcare that will facilitate more productive interaction between the normative analysis of philosophers and the policy work of economists, lawyers, and political scientists.

Justice and Health Care: Selected Essays

This is a systematic evaluation of the main arguments for and against the market as an instrument of social organization, balancing efficiency and justice .  It links the distinctive approaches of philosophy and economics to this evaluation.

Ethics, Efficiency, and the Market

Business & Money

Business Culture

Clarendon Press

Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (Oxford Political Theory)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy.

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples" human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest" He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy.

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Books by Buchanan, Allen

See the best price to sell, buy, or rent books by Buchanan, Allen. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Heart of Human Rights

Better than Human: The Promise and Perils of Biomedical Enhancement (Philosophy in Action)

The Evolution of Moral Progress: A Biocultural Theory

Institutionalizing the Just War

Human Rights, Legitimacy, and the Use of Force

Justice and Health Care: Selected Essays

Ethics, Efficiency, and the Market

Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (Oxford Political Theory)

Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (Oxford Political Theory)

The Heart of Human Rights