Human Dignity And The Foundations Of International Law

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Human Dignity and the Foundations of International Law

Author : Patrick Capps
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315127
Total Pages : 306 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Human Dignity and the Foundations of International Law by : Patrick Capps

Download or read book Human Dignity and the Foundations of International Law written by Patrick Capps and published by Bloomsbury Publishing. This book was released on 2009-06-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

Human Dignity in International Law

Author : Ginevra Le Moli
Publisher : Cambridge University Press
ISBN 13 : 1009051202
Total Pages : 433 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Human Dignity in International Law by : Ginevra Le Moli

Download or read book Human Dignity in International Law written by Ginevra Le Moli and published by Cambridge University Press. This book was released on 2021-11-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Human Rights and World Public Order

Author : Myres S. McDougal
Publisher : Oxford University Press, USA
ISBN 13 : 0190882638
Total Pages : 1137 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Human Rights and World Public Order by : Myres S. McDougal

Download or read book Human Rights and World Public Order written by Myres S. McDougal and published by Oxford University Press, USA. This book was released on 2018-12-14 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.

The Inherence of Human Dignity

Author : Angus J. L. Menuge
Publisher : Anthem Press
ISBN 13 : 1785276506
Total Pages : 365 pages
Book Rating : 4.7/5 (852 download)

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Book Synopsis The Inherence of Human Dignity by : Angus J. L. Menuge

Download or read book The Inherence of Human Dignity written by Angus J. L. Menuge and published by Anthem Press. This book was released on 2021-02-15 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focused at the theoretical level, this volume seeks to clarify our understanding of various historical and contemporary concepts of human dignity. It examines the various meanings of the term ‘dignity’ before looking at the philosophical sources of dignity and both religious and secular attempts to provide a grounding for the notion. It also compares the merits and defects of older and newer concepts of dignity, including extensions of dignity to groups, animals, and machines.

Human Dignity and Human Rights

Author : Pablo Gilabert
Publisher : Oxford University Press, USA
ISBN 13 : 0198827229
Total Pages : 362 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Human Dignity and Human Rights by : Pablo Gilabert

Download or read book Human Dignity and Human Rights written by Pablo Gilabert and published by Oxford University Press, USA. This book was released on 2019-01-22 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.

Human Dignity as a Foundation of Law

Author : Winfried Brugger
Publisher : Franz Steiner Verlag Wiesbaden gmbh
ISBN 13 : 9783515104401
Total Pages : 267 pages
Book Rating : 4.1/5 (44 download)

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Book Synopsis Human Dignity as a Foundation of Law by : Winfried Brugger

Download or read book Human Dignity as a Foundation of Law written by Winfried Brugger and published by Franz Steiner Verlag Wiesbaden gmbh. This book was released on 2013 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although human dignity is an old principle in philosophy, the history of its legal form is relatively short. Since its first adoption in the preamble of the Irish Constitution and the Universal Declaration of Human Rights it has more and more proven to be a fundamental principle of law. The philosophers, lawyers and political scientists joint in this book discuss this assumption with respect to the legal form of dignity, its relation to values like freedom and autonomy, and analyze its implications for justice in difficult decisions. Because of the fundamental value of human dignity, comparative studies are intended to show its relevance in different legal orders and in international law.

Human Dignity and International Law

Author : Andrea Gattini
Publisher : BRILL
ISBN 13 : 9004435654
Total Pages : 232 pages
Book Rating : 4.0/5 (44 download)

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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.

Making Human Dignity Central to International Human Rights Law

Author : Matthew McManus
Publisher : University of Wales Press
ISBN 13 : 1786834650
Total Pages : 266 pages
Book Rating : 4.7/5 (868 download)

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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 266 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.

The Quest for World Order and Human Dignity in the Twenty-first Century

Author : Michael Reisman
Publisher : Martinus Nijhoff Publishing
ISBN 13 : 9789004236158
Total Pages : 0 pages
Book Rating : 4.2/5 (361 download)

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Book Synopsis The Quest for World Order and Human Dignity in the Twenty-first Century by : Michael Reisman

Download or read book The Quest for World Order and Human Dignity in the Twenty-first Century written by Michael Reisman and published by Martinus Nijhoff Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book International law's archipelago is composed of legal "islands", which are highly organized, and "offshore" zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.

Human Dignity and the Future of Global Institutions

Author : Mark P. Lagon
Publisher : Georgetown University Press
ISBN 13 : 1626161208
Total Pages : 383 pages
Book Rating : 4.6/5 (261 download)

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Book Synopsis Human Dignity and the Future of Global Institutions by : Mark P. Lagon

Download or read book Human Dignity and the Future of Global Institutions written by Mark P. Lagon and published by Georgetown University Press. This book was released on 2014-08-20 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Human Dignity and the Future of Global Institutions contributors examine how traditional and emerging institutions are already advancing human dignity, and identify strategies to make human dignity more central to the work of global institutions. They explore traditional state-created entities, hybrid institutions and faith-based organizations.

Philosophical Foundations of Human Rights

Author : Rowan Cruft
Publisher : Oxford University Press
ISBN 13 : 0199688621
Total Pages : 721 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophical Foundations of Human Rights by : Rowan Cruft

Download or read book Philosophical Foundations of Human Rights written by Rowan Cruft and published by Oxford University Press. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Philosophical Foundations of Human Rights

Author : Rowan Cruft
Publisher : Oxford University Press
ISBN 13 : 019968863X
Total Pages : 721 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophical Foundations of Human Rights by : Rowan Cruft

From Human Dignity to Natural Law

Author : Richard Berquist
Publisher : Catholic University of America Press
ISBN 13 : 0813232422
Total Pages : 264 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis From Human Dignity to Natural Law by : Richard Berquist

Download or read book From Human Dignity to Natural Law written by Richard Berquist and published by Catholic University of America Press. This book was released on 2019-10-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.

The Cambridge Handbook of Human Dignity

Author : Marcus Düwell
Publisher : Cambridge University Press
ISBN 13 : 1107782406
Total Pages : 1130 pages
Book Rating : 4.1/5 (77 download)

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Book Synopsis The Cambridge Handbook of Human Dignity by : Marcus Düwell

Download or read book The Cambridge Handbook of Human Dignity written by Marcus Düwell and published by Cambridge University Press. This book was released on 2014-04-10 with total page 1130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction to human dignity explores the history of the notion from antiquity to the nineteenth century, and the way in which dignity is conceptualised in non-Western contexts. Building on this, it addresses a range of systematic conceptualisations, considers the theoretical and legal conditions for human dignity as a useful notion and analyses a number of philosophical and conceptual approaches to dignity. Finally, the book introduces current debates, paying particular attention to the legal implementation, human rights, justice and conflicts, medicine and bioethics, and provides an explicit systematic framework for discussing human dignity. Adopting a wide range of perspectives and taking into account numerous cultures and contexts, this handbook is a valuable resource for students, scholars and professionals working in philosophy, law, history and theology.

Plato's Conception of Justice and the Question of Human Dignity

Author : Marek Piechowiak
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN 13 :
Total Pages : 310 pages
Book Rating : 4.:/5 (12 download)

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Book Synopsis Plato's Conception of Justice and the Question of Human Dignity by : Marek Piechowiak

Download or read book Plato's Conception of Justice and the Question of Human Dignity written by Marek Piechowiak and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2019 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive study of Plato's conception of justice, apprehension of human dignity plays a crucial role for understanding an individual in relation to law and state. Plato's philosophy turns out to provide foundations for modern-day human rights protection rather than for totalitarian approaches.

Foundations of Global Health and Human Rights

Author : Lawrence O. Gostin
Publisher : Oxford University Press, USA
ISBN 13 : 0197528295
Total Pages : 489 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Foundations of Global Health and Human Rights by : Lawrence O. Gostin

Download or read book Foundations of Global Health and Human Rights written by Lawrence O. Gostin and published by Oxford University Press, USA. This book was released on 2020-07-23 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices. International human rights law has been repeatedly shown to advance health and wellbeing - empowering communities and fostering accountability for realizing the highest attainable standard of health. This book provides a compelling examination of international human rights as essential for advancing public health. It demonstrates how human rights strengthens human autonomy and dignity, while placing clear responsibilities on government to safeguard the public's health and safety. Bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.

A Philosophy Of International Law

Author : Fernando Teson
Publisher : Westview Press
ISBN 13 : 9780813311319
Total Pages : 0 pages
Book Rating : 4.3/5 (113 download)

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Book Synopsis A Philosophy Of International Law by : Fernando Teson

Download or read book A Philosophy Of International Law written by Fernando Teson and published by Westview Press. This book was released on 1998-03-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power.