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Human Dignity And The Autonomy Of Law
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Book Synopsis Human Dignity and the Autonomy of Law by : José Manuel Aroso Linhares
Download or read book Human Dignity and the Autonomy of Law written by José Manuel Aroso Linhares and published by Springer Nature. This book was released on 2022-12-06 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intertwines two major themes in contemporary legal theory – the concepts of human dignity and the problem of the autonomy and limits of the law – while also addressing two other key aspects – the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law’s aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive “bio-ethical” issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.
Book Synopsis Advanced Introduction to Human Dignity and Law by : James R. May
Download or read book Advanced Introduction to Human Dignity and Law written by James R. May and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state.
Book Synopsis Autonomous Weapons Systems by : Nehal Bhuta
Download or read book Autonomous Weapons Systems written by Nehal Bhuta and published by Cambridge University Press. This book was released on 2016-09 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the implications and regulation of autonomous weapons systems combines contributions from law, robotics and philosophy.
Book Synopsis Human Dignity of the Vulnerable in the Age of Rights by : Aniceto Masferrer
Download or read book Human Dignity of the Vulnerable in the Age of Rights written by Aniceto Masferrer and published by Springer. This book was released on 2016-08-26 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is devoted to exploring a subject which, on the surface, might appear to be just a trending topic. In fact, it is much more than a trend. It relates to an ancient, permanent issue which directly connects with people’s life and basic needs: the recognition and protection of individuals’ dignity, in particular the inherent worthiness of the most vulnerable human beings. The content of this book is described well enough by its title: ‘Human Dignity of the Vulnerable in the Age of Rights’. Certainly, we do not claim that only the human dignity of vulnerable people should be recognized and protected. We rather argue that, since vulnerability is part of the human condition, human vulnerability is not at odds with human dignity. To put it simply, human dignity is compatible with vulnerability. A concept of human dignity which discards or denies the dignity of the vulnerable and weak is at odds with the real human condition. Even those individuals who might seem more skilled and talented are fragile, vulnerable and limited. We need to realize that human condition is not limitless. It is crucial to re-discover a sense of moderation regarding ourselves, a sense of reality concerning our own nature. Some lines of thought take the opposite view. It is sometimes argued that humankind is – or is called to be – powerful, and that the time will come when there will be no vulnerability, no fragility, no limits at all. Human beings will become like God (or what believers might think God to be). This perspective rejects human vulnerability as in intrinsic evil. Those who are frail or weak, who are not autonomous or not able to care for themselves, do not possess dignity. In this volume it is claimed that vulnerability is an inherent part of human condition, and because human dignity belongs to all individuals, laws are called to recognize and protect the rights of all of them, particularly of those who might appear to be more vulnerable and fragile.
Book Synopsis Healthcare and Human Dignity by : Frank M. McClellan
Download or read book Healthcare and Human Dignity written by Frank M. McClellan and published by Rutgers University Press. This book was released on 2019-12-13 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.
Book Synopsis Legal Ethics and Human Dignity by : David Luban
Download or read book Legal Ethics and Human Dignity written by David Luban and published by . This book was released on 2009-08-06 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging collection of essays from a leading scholar of legal ethics.
Book Synopsis Autonomy, Consent and the Law by : Sheila A.M. McLean
Download or read book Autonomy, Consent and the Law written by Sheila A.M. McLean and published by Routledge. This book was released on 2009-09-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.
Book Synopsis Human Dignity and International Law by : Andrea Gattini
Download or read book Human Dignity and International Law written by Andrea Gattini and published by BRILL. This book was released on 2020-12-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.
Book Synopsis The Reality of Human Dignity in Law and Bioethics by : Brigitte Feuillet-Liger
Download or read book The Reality of Human Dignity in Law and Bioethics written by Brigitte Feuillet-Liger and published by Springer. This book was released on 2018-11-19 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.
Book Synopsis Human Dignity, Judicial Reasoning, and the Law by : Brett G. Scharffs
Download or read book Human Dignity, Judicial Reasoning, and the Law written by Brett G. Scharffs and published by Taylor & Francis. This book was released on 2024-05-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and internal law specialists. Whilst being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.
Book Synopsis The Inherence of Human Dignity by : Barry W. Bussey
Download or read book The Inherence of Human Dignity written by Barry W. Bussey and published by Anthem Press. This book was released on 2021-02-15 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focused on the more practical level, volume 2 seeks to understand the work dignity may do as a foundation for law, how it is related to religious liberty, and how we should adjudicate religious liberty disputes at the individual and corporate level. What is the sphere of human dignity that the law should be trying to protect? Is the role of dignity helpful as a foundational legal concept, and if so, how exactly? What is the status of religious liberty as a component of human dignity, and how is it to be balanced with other individual rights, such as freedom of expression? And finally, to what extent can the law adjudicate corporate religious claims?
Book Synopsis Dignity, Rank, and Rights by : Jeremy Waldron
Download or read book Dignity, Rank, and Rights written by Jeremy Waldron and published by Oxford University Press on Demand. This book was released on 2012-11-29 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Delivered as a Tanner lecture on human values at the University of California, Berkeley, April 21, 2009 and April 22, 2009"--T.p. verso.
Download or read book Dignity Rights written by Erin Daly and published by University of Pennsylvania Press. This book was released on 2020-10-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.
Download or read book Human Dignity written by Aharon Barak and published by Cambridge University Press. This book was released on 2015-01-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis The Concept of Human Dignity in Human Rights Discourse by : David Kretzmer
Download or read book The Concept of Human Dignity in Human Rights Discourse written by David Kretzmer and published by BRILL. This book was released on 2021-08-04 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.
Book Synopsis Making Human Dignity Central to International Human Rights Law by : Matthew McManus
Download or read book Making Human Dignity Central to International Human Rights Law written by Matthew McManus and published by University of Wales Press. This book was released on 2019-09-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been an explosion of writing on the topic of human dignity across a plethora of different academic disciplines. Despite this explosion of interest, there is one group – critical legal scholars – that has devoted little if any attention to human dignity. This book argues that these scholars should attend to human dignity, a concept rich enough to support a whole range of progressive ambitions, particularly in the field of international law. It synthesizes certain liberal arguments about the good of self-authorship with the critical legal philosophy of Roberto Unger and the capabilities approach to agency of Amartya Sen, to formulate a unique conception of human dignity. The author argues how human dignity flows from an individual’s capacity for self-authorship as defined by the set of expressive capabilities s/he possesses, and the book demonstrates how this conception can enrich our understanding of international human rights law by making the amplification of human dignity its fundamental orientation.
