We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from Part II - Reflections on Some Theories and Doctrines
Published online by Cambridge University Press: 22 February 2024
One of the core ideas of non-coherence theory is that human rights standards offline appear at variance with the online image. Human rights standards change in the course of the transposition, where the online image of offline standards may be widely distorted, given the subject, or only exhibit minor variance. Among several social science theories focusing on how values and expectations become relative once one constructs a theory on the basis of legal subject-hood, the capabilities approach seems to have some similarities with non-coherence theory. Two aspects are of main interest here. The first is related to the dependency of normative standards applied to a legal subject upon this subject’s capabilities. And the second concerns the matter of how the element of normative reasonability is constructed. The first aspect is positivist and the second is purely non-positivist. The unclear causal chains between capability, reasonability and subsequent activity are the weakest elements of the capabilities approach.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
