Table of Contents

Introduction

1: The Anti-democrat’s Paradox
2: Why Do We Need Democracy and Human Rights?
3: Anti-Foundationalism
4: Why do Some People Reject Democracy and/or Human Rights?
5: Some Conflicts
6: Rejecting Democracy and/or Human Rights Because They Are Not Possible Yet
7: A Problem of Definition
8: A Provisional Definition
9: The Need for Democratic Imperialism
10: A Short Description of the Purpose, the Content and the Structure of this Book

Part One: Public Life, Political Life and Cultural Life

Chapter One: Freedom Rights Protect Public Life

Section One: The Importance of Public Life

11: Important Values
12: Why Do We Need a Public Life?
13: Public and Private
14: General and Particular
15: General and Private Interest
16: Equality
17: Time

Section Two: The Protection of Public Life

18: Free Speech, Freedom of Association and Freedom of Assembly
19: The Rule of Law and the Separation Between the State and Society (1)
20: The Rule of Law, Difference, Identity and Criticism
21: Borders Between Concepts
22: The Rule of Law Guarantees Publicity, Openness, Justice and Fairness
23: Security
24: No Human Rights Without Tolerance
25: Tolerance Linked to Diversity as a Good
26: Tolerating Intolerance? (1)
27: Religious Liberty Promotes Openness, Disclosure, Pluralism, Tolerance and Debate
28: Limiting and Separating the State and the Church
29: Different Sub-Communities With Different Identities Living Together
30: The Historical Role of the Reformation
31: The Private Space
32: Private Property
33: Equal Rights, Non-Discrimination and Justice

Chapter Two: Negative and Positive Rights

Section Three: Human Rights Against the State

34: To Forbear and to Protect
35: Human Rights Added to, Given to, or Given by the State

Section Four: Human Rights Against Fellow Humans

36: Bourgeois Rights
37: General Interest and Self-interest, and the Dangers of Both (1)
38: The Importance of Boundaries and of the Intimate and Inviolable Space
39: Some Negative Consequences of Boundaries

Chapter Three: Political Life, Version 1 (The Link Between Democracy and Human Rights)

Section Five: Power Struggle and Struggle in Society, Version 1

40: Different Ways of Institutionalizing Conflict
41: Exceptions to the Link Between Democracy and Human Rights?
42: The Right to Democracy and Political Rights
43: Self-Control and Self-Government
44: The Problem of Unanimity
45: Democracy and the Rule of Law
46: Change and Publicity

Section Six: Control and Judgment on the Basis of Free Flows of Information

47: Power, Accountability and Openness in Two Directions
48: Attentiveness, Involvement and Knowledge
49: Obscurity and Manipulation

Section Seven: The Construction of the Will of the People

50: Human Rights and the Will of the People
51: The Construction of Communities
52: Setting the Agenda
53: Democracy is a Goal and Not Just a Means (1)
54: The Separation Between State and Society and Between State and Politics

Chapter Four: Political Life, Version 2 (Direct and Indirect Participation)

Section Eight: Participation by Way of Representation

55: Actors and Authors
56: Historical Perspective
57: Advantages of Representation: Purification and Clarity vs. Confusion and Vagueness
58: Other Considerations

Section Nine: Participation Without Representation

59: Disadvantages of Representation
60: Advantages of Direct Democracy; Democracy as a Goal and Not Just a Means (2)
61: Different Forms of Direct Democracy and the Problem of the Leader
62: Disadvantages of Direct Democracy (1): Scale and Technology
63: Disadvantages of Direct Democracy (2): Scale and the Federal System
64: Disadvantages of Direct Democracy (3): Other Solutions to the Problem of Scale
65: Disadvantages of Direct Democracy (4): Demagogy and Emotionality
66: Disadvantages of Direct Democracy (5): Apathy and Stupidity
67: Disadvantages of Direct Democracy (6): Insufficient Resources to Participate
68: Participation as a Goal in Itself
69: The Separation Between State and Society (2)

Chapter Five: Humanity (Universality Because of Equality)

Section Ten: Equal Values

70: Natural Rights
71: The Right to Belong to Humanity

Section Eleven: Legal Rights

72: The Legal Person
73: Positivism
74: The Exception of Political Rights
75: The Right to Citizenship and the Right to Asylum
76: Humanity and the People

Chapter Six: Culture (Non-Universality Because of Inequality)

Section Twelve: The Impossibility and the Undesirability of Democracy and Rights, Version 1

77: Undesirable
78: Impossible
79: A-Cultural Rights
80: Who Criticizes Rights and Democracy?
81: Is the Identity a Goal or a Means?
82: Identity is both a Myth and a Problem
83: Contradictions in the Ideology of Culture and Identity
84: The Right of States and Individuals to Criticize
85: The Only and Almighty Authority of Culture
86: Cultural Relativism and (Neo)Colonialism
87: Western Rights
88: The Radical Rejection of Democracy and the I-Did-It-My-Way Syndrome
89: Rights Limited to the West are Only Semi-Rights
90: Origin and Effect

Section Thirteen: Real Diversity

91: Popular or Truly Cultural Rejection of Human Rights and the Limits of Identity
92: The Relativity of Relativism
93: Changing Cultures
94: Tolerating Intolerance? (2)
95: Culture and the Individual
96: Universalizing Human Rights is not the Same Thing as Universalizing Individualism
97: Rights and Community

Section Fourteen: Collective Rights

98: Superfluous Rights
99: The Right to a State and the Right to Identity
100: Dangerous Rights
101: Special Minority Rights

Section Fifteen: Real and Normative Universality

102: Universality at the level of States
103: Universality at the level of the People (A Minimal Consensus or Weltethos)
104: An Intercultural Dialogue

Part Two: The Economy

Chapter Seven: Economic Development

Section Sixteen: From Economic Development to Democracy and Rights (The Impossibility and the Undesirability of Democracy and Rights, Version 2)

105: Economic Prerequisites
106: Economic Development as a Cause of Democracy and Human Rights

Section Seventeen: From Democracy and Rights to Economic Development

107: Democracy and Human Rights as a Cause of Economic Development
108: The Choice Between Hunger and Oppression
109: Hunger and Oppression Go Together
110: A New Inversion of Means and Ends (1)
111: The Link Between Identity and the Economy
112: A New Inversion of Means and Ends (2)

Chapter Eight: Economic Rights

Section Eighteen: Why Do We Need Economic Rights?

113: A Necessary Minimum and Not a Possible Maximum
114: In Everybody’s Interest
115: A Hierarchy of Rights?
116: Urgency vs. Synchronicity
117: Private Life as a Prerequisite for Public and Political Life
118: Humanity
119: Universality Because of Equality (2) and Equality as an Excuse
120: Insufficient Conditions

Section Nineteen: How Do We Promote Economic Rights?

121: Public and Political Life as a Prerequisite for Private Life
122: Catch 22?
123: The Hierarchy of Responsibility, Duty, Assistance and Redistribution
124: Enforcement, Resources and the Long Term
125: The Right to Property and the Right to the Property of Someone Else

Part Three: Peace

Chapter Nine: Peace Between States

Section Twenty: Self-determination, Version 1

126: Self-determination: A Human Right and a Right of a State
127: A Necessary Condition and an Unnecessary Obstacle at the Same Time
128: Realism and Moralism (International Peace, Rights and Democracy)
129: A Consistent System of Rights

Section Twenty-One: Other Ways in Which Rights and Democracy Protect the Peace Between States

130: Agreements, Publicity and Popular Support
131: The Real Importance of Peace
132: Napoleontism and Neo-Colonialism
133: The Paradox of Democracy

Chapter Ten: Peace Inside a State

Section Twenty-Two: Self-Determination, Version 2

134: Self-Determination of a People
135: Revolution or Separation
136: Borders as an End or as a Problem

Section Twenty-Three: National Unity

137: Democracy is Impossible and Necessary at the Same Time (1)
138: How to Create Unity and Avoid Discord?
139: Pacification-Democracy

Part Four: Equality

Chapter Eleven: The Value of Equality

Section Twenty-Four: Democracy Produces the Best Decisions

140: Why Do We Need Equality?
141: The Epistemological Advantages of Democracy
142: Democracy is Not Necessarily Relativistic, Nihilistic or Amoral

Section Twenty-Five: Truth vs. Opinion

143: The Absence of Truth
144: A Good Content and a Good Procedure
145: The Possibility of Contestation
146: Procedures are Not Enough

Chapter Twelve: Some Problems With Equality

Section Twenty-Six: Equal or Unequal Value and a Problem of Definition

147: The Value of a Human Being
148: Unequal Value
149: The Combination of Equal and Unequal Value
150: A Problem of Definition
151: Equality Before the Law vs. Material Equality
152: Equality of Outcome vs. Equality of Procedures
153: Political Equality vs. Material Equality

Section Twenty-Seven: Efficiency, the Ability to Take Decisions, and the Quest for Consensus

154: Confusion, Chaos, Complexity, Slowness and Insecurity
155: Consensus
156: Dangerous Truth (The Truth Threatens Politics)
157: Reasonableness Instead of Truth
158: Democracy is Impossible and Necessary at the Same Time (2) (Unity of Vision)
159: Creating Consensus

Section Twenty-Eight: Efficiency, the Ability to Take Decisions and to Execute the Will of the People

160: Disadvantages of a Multi-Party System
161: Advantages of a Two-Party System
162: Disadvantages of a Two-Party System
163: Vote Buying
164: General Interest and Self-Interest, and the Dangers of Both (2)

Section Twenty-Nine: Big Government

165: Causes
166: Elements Working Against
167: Transnational Democracy

Part Five: Freedom

Chapter Thirteen: Autonomy and Self-Realization

Section Thirty: Autonomy or the Freedom to Choose Your Own Good Life

168: The Importance of Freedom and the Link With Democracy and Rights
169: Some Problems With Autonomy
170: Widening Autonomy
171: Autonomy and the Economy

Section Thirty-One: Self-Realization and the Only True Good Life

172: Forcing People to Make the Best of Themselves
173: An Anti-Democratic Definition of Freedom?

Chapter Fourteen: Freedom and Obedience

Section Thirty-Two: Unlimited and Limited Freedom

174: Obedience to Yourself (The Law as an Extension of Yourself)
175: Freedom and the State (Anarchism and Liberalism)
176: Limited, Legal and Equal Coercion (Freedom and Equality)

Section Thirty-Three: Limited Freedom is Anti-Social

177: Our Freedom is Limited by the Harm We Can Inflict on Other People
178: The Value of Our Fellow Men
179: Negative and Positive Freedom

Chapter Fifteen: The Choice Between Freedom and the Dictatorship of the Majority, or Between Rights and Democracy

Section Thirty-Four: Power Struggle and Struggle in Society, Version 2

180: A Separation of Independent Powers
181: Limited Independence
182: A Democratic Court of Justice?
183: Power Struggle and Struggle in General
184: Separation Inside the Different Powers
185: Separation of Powers in a Federal System

Section Thirty-Five: The Rule of Law is Limited by Equality Before the Law

186: A Law Must be General, Anonymous and Neutral
187: The Balance Between Political Rights and Freedom Rights
188: Do Human Rights and the Law Limit Democracy?
189: The Minority Protected by the Federal System

Concluding Remarks: Universality, Flexibility and Contextuality

190: Universality vs. Uniformity
191: Rights and Wrongs, and Different Perspectives in the Drafting of Laws
192: A Different Application of Something Universal (Limits on Human Rights)

List of Human Rights and International Standards

Bibliography

Index





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