The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts.
Legal Rights: Historical and Philosophical Perspectives shows that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life.
Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

All over the world, people are experiencing the effects of ecosystem decline, from water shortages to fish kills to landslides on deforested slopes. The victims of environmental degradation tend to belong to more vulnerable sectors of society—racial and ethnic minorities and the poor—who regularly carry a disproportionate burden of such abuse. Increasingly, many basic human rights are being placed at risk, as the right to health affected by contamination of resources, or the right to property and culture compromised by commercial intrusion into indigenous lands.

Despite the evident relationship between environmental degradation and human suffering, human rights violations and environmental degradation have been treated by most organizations and governments as unrelated issues. Just as human rights advocates have tended to place only civil and political rights onto their agendas, environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environmental abuse.  As a result, victims of environmental degradation are unprotected by the laws and mechanisms established to address human rights abuses.    

This book brings together contributions from human rights and environmental experts who have devoted much of their work to unifying these two spheres, particularly in the legal arena.  It presents a variety of issues and approaches that address human rights and environmental links, demonstrating the growing interrelationship between human rights law and environmental advocacy. Its coverage includes reviews of existing international laws and treaties that establish the rights to a healthy environment, an overview of mechanisms that allow both individuals and groups to seek remedy for abuses, and specific cases that document efforts to seek redress for victims of environmental degradation through existing human rights protection mechanisms.    

Through examples ranging from water rights to women's rights, this collection offers practical ways in which environmental protection can be approached through human rights instruments. The volume reproduces a legal brief (amicus curiae) filed before an international human rights tribunal making the human rights and environment linkage argument, and includes the subsequent precedent-setting decision handed down by the Inter-American Court on Human Rights recognizing this linkage.     

Linking Human Rights and Environment is a valuable sourcebook that explores the uncharted territory that lies between environmental and human rights legislation. More than a theoretical treatise, it argues that human rights activism presents a significant opportunity to address the human consequences of environmental degradation and can serve as a catalyst for inspiring ideas and action in the real world.