Human Rights, Democracy, and Legitimacy in a World of Disorder

Silja Voeneky is Professor of Public International Law, Comparative Law, and Ethics of Law at the University of Freiburg, Germany. She was a Fellow at Harvard Law School, Massachusetts and will be a Fellow at the 2018–19 FRIAS Research Group on Ethics and AI. Her areas of focus include security law, humanitarian law, international environmental law, human rights law, the interdependence of ethics and law and questions on legitimacy, democracy, and biomedicine. She previously served as Director of the Max Planck Research Group 'Democratic Legitimacy of Ethical Decisions' and was a member of the German Ethics Council from 2012–16 appointed by the Federal Government. Gerald L. Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School, and Co-Director of its Human Rights Program. He teaches human rights, constitutional law, and immigration and nationality law. He is the author of Strangers to the Constitution: Immigrants, Borders, and Fundamental Law (1996), co-author of the casebook Human Rights (2009), and co-editor of Reconsidering the Insular Cases: The Past and Future of the American Empire (2015). He served as a member of the UN Human Rights Committee from 2011 to 2014.

Introduction; Part I. General Aspects of Human Rights, Democracy, and Legitimacy: 1. Human rights as membership rights in the world society Mathias Risse; 2. Human rights, treaties, and international legitimacy Gerald L. Neuman; 3. Human rights and constitutional rights: a proceduralizing function for substantive constitutional law? Frank I. Michelman; 4. Expectation-based legitimacy Wilfried Hinsch; 5. The second bill of rights: a reconsideration Samuel Moyn; Part II. Current Problems of Human Rights, Democracy, and Legitimacy: 6. Human rights and the legitimate governance of existential and global catastrophic risks Silja Voeneky; 7. On the human right to health: statistical lives, contingent persons, and other difficult questions I. Glenn Cohen; 8. Democracy, health systems, and the right to health: narratives of charity, markets, and citizenship Alicia Ely Yamin; 9. Political legitimacy and private governance of human rights: community-business social contracts and constitutional moments Tyler Giannini; 10. Human rights and legitimacy in the implementation of EU asylum and migration law Iris Goldner Lang; 11. On uses and misuses of human rights in European constitutionalism Vlad Perju.