Collective Rights A Legal Theory [Hardcover]

A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.In this book, Miodrag A. Jovanovi challenges the widely accepted methodological tools of jurisprudence and offers a case for 'value collectivism' and the connecting of theoretical debates to legal practice. Of interest to legal theorists, political philosophers, international legal experts and constitutionalists.In this book, Miodrag A. Jovanovi challenges the widely accepted methodological tools of jurisprudence and offers a case for 'value collectivism' and the connecting of theoretical debates to legal practice. Of interest to legal theorists, political philosophers, international legal experts and constitutionalists.In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights.Introduction; 1. What it means for a theory of collective rights to be legal - reflections on methodology; 2. Theories of rights and collectives as right-holders; 3. Collective rights as a distinctive legal concept; 4. Appendix: are there universal collective rights?; Conclusion: collectives as the third type of right-holders.