Cambridge University Press Collective Rights: A Legal Theory

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. Book Description A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'. About the Author Miodrag A. Jovanović is an Аssociate Professor at the Faculty of Law, University of Belgrade. He is also a scholar of the Alexander von Humboldt Foundation and serves the president of the Serbian section of the International Association of Legal and Social Philosophy (IVR).