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.
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.
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"--
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.
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 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.
Download or read book Dignity Law written by Erin Daly and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Human dignity recognizes and reflects the equal worth of each and every member of the human family, regardless of gender, race, social or political status, talents, merit, or any other differentiator. But it is also right that can be claimed, an interest that can be protected, like liberty or equality or shelter or free speech. It is now recognized in more than 150 of the world's constitutions from all regions of the world. Also, increasingly, courts around the globe are recognizing the right to dignity and applying it against governments and others to ensure that the dignity of all is respected. This unique book aims to provide an introduction to dignity rights, including what they are (or are not), how they are embodied constitutionally around the globe, and how courts interpret and apply them (or don't). This book includes selected texts showing constitutionally embedded dignity rights around the globe, an overview which maps dignity law, and units on introduction to dignity law; dignity and identity; living with dignity; protecting the dignity of people with particular vulnerabilities; and participatory dignity, along with a conclusion and index.--Publisher.
Download or read book Handbook of Human Dignity in Europe written by Paolo Becchi and published by Springer. This book was released on 2019-05-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept.
Download or read book Thinking Like a Lawyer written by Frederick F. Schauer and published by Harvard University Press. This book was released on 2009-04-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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:
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
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.
Download or read book The Jurisprudence of Justice William J Brennan Jr written by David E. Marion and published by Rowman & Littlefield. This book was released on 1997 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: David E. Marion offers a careful review of Brennan's opinions that clarifies his defense of libertarian dignity and illustrates the profound political and constitutional impact of Brennan's opinions on public discourse and government policy.
Download or read book Constitutional Dialogue written by Geoffrey Sigalet and published by Cambridge University Press. This book was released on 2019-05-02 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
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 502 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.
Download or read book Feminist Constitutionalism written by Beverley Baines and published by Cambridge University Press. This book was released on 2012-04-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
