Jump to ContentJump to Main Navigation
Indigenous Peoples' Status in the International Legal System$
Users without a subscription are not able to see the full content.

Mattias Åhrén

Print publication date: 2016

Print ISBN-13: 9780198778196

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198778196.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 January 2022

Political Theory that Underpins the Law

Political Theory that Underpins the Law

Chapter:
(p.39) 3 Political Theory that Underpins the Law
Source:
Indigenous Peoples' Status in the International Legal System
Author(s):

Mattias Åhrén

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198778196.003.0003

The chapter starts with the premise that international law is neither created nor exists in isolation. Rather, evolved understandings of justice may in turn lead to changes also in the law. The chapter initially outlines various forms of individual liberal theories, concluding that these are all inhospitable towards the notion of rights of groups. The chapter subsequently proceeds to explain how the basic premises of conventional individual liberalism have more recently been increasingly challenged, prompting the emergence of political philosophical theories more predisposed to group rights. The chapter ends by posing the question whether this development within political philosophy may have driven a change in international law as well. Together with Chapters 2 and 4, this chapter sets the stage for the subsequent analysis of what rights indigenous peoples and communities possess under contemporary international law.

Keywords:   Liberalism, social contracts, communitarianism, multiculturalism, individual human rights, collective human rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .