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Human Dignity Judicial Reasoning And The Law
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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 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 . This book was released on 2024 with total page 0 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 Human Dignity and the Adjudication of Environmental Rights by : Dina L. Townsend
Download or read book Human Dignity and the Adjudication of Environmental Rights written by Dina L. Townsend and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.
Book Synopsis The Development of Human Rights Law by the Judges of the International Court of Justice by : Shiv R. S. Bedi
Download or read book The Development of Human Rights Law by the Judges of the International Court of Justice written by Shiv R. S. Bedi and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights."--Bloomsbury Publishing.
Book Synopsis Human Dignity and Law by : Stephen Riley
Download or read book Human Dignity and Law written by Stephen Riley and published by Routledge. This book was released on 2017-11-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance. The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm. The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law. The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design.
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.
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 254 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.
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.
Book Synopsis The Role of Legal Argumentation and Human Dignity in Constitutional Courts by : Miguel Nogueira de Brito
Download or read book The Role of Legal Argumentation and Human Dignity in Constitutional Courts written by Miguel Nogueira de Brito and published by Franz Steiner Verlag Wiesbaden GmbH. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal argumentation of constitutional courts, for instance on human dignity, has been in the centre of interest both from theoretical and practical perspectives. This book addresses the role of legal argumentation at first in general, covering empirical and comparative perspectives on constitutional argumentative practices. It also comprises a comparative assessment of constitutional argumentation versus the arguments deployed by other courts as well as by decision-makers. Secondly, the book focuses on how constitutional courts reason with human dignity. This concept takes many different shapes, though very rarely in an objective fashion. It is embedded in several western constitutions, although constitutional courts and scholars tend to disagree on its meaning and content. Finally, the book aims to shed light on the controversial topic of human dignity from a normative and philosophical perspective.
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.
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 2007 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging collection of essays from a leading scholar of legal ethics.
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.
Book Synopsis Taking Rights Seriously by : Ronald Dworkin
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by Harvard University Press. This book was released on 2018-06-25 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Book Synopsis The Bill of Social Rights by : Georges Gurvitch
Download or read book The Bill of Social Rights written by Georges Gurvitch and published by . This book was released on 1946 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Development of Human Rights Law by the Judges of the International Court of Justice by : Shiv R.S. Bedi
Download or read book The Development of Human Rights Law by the Judges of the International Court of Justice written by Shiv R.S. Bedi and published by Bloomsbury Publishing. This book was released on 2007-01-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.
Book Synopsis Thoughtfulness and the Rule of Law by : Jeremy Waldron
Download or read book Thoughtfulness and the Rule of Law written by Jeremy Waldron and published by Harvard University Press. This book was released on 2023-12-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.
