Human Dignity And The Foundations Of International Law
Download Human Dignity And The Foundations Of International Law full books in PDF, epub, and Kindle. Read online free Human Dignity And The Foundations Of International Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Human Dignity and the Foundations of International Law
Author | : Patrick Capps |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 306 |
Release | : 2009-06-11 |
Genre | : Law |
ISBN | : 9781847318060 |
Download Human Dignity and the Foundations of International Law Book in PDF, Epub and Kindle
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 |
Publsiher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2021-11-25 |
Genre | : Law |
ISBN | : 9781009051200 |
Download Human Dignity in International Law Book in PDF, Epub and Kindle
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,Lung-Chu Chen |
Publsiher | : Oxford University Press, USA |
Total Pages | : 1137 |
Release | : 2018-12-14 |
Genre | : Law |
ISBN | : 9780190882631 |
Download Human Rights and World Public Order Book in PDF, Epub and Kindle
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.
Human Dignity as a Foundation of Law
Author | : Winfried Brugger,Stephan Kirste |
Publsiher | : Franz Steiner Verlag Wiesbaden gmbh |
Total Pages | : 267 |
Release | : 2013 |
Genre | : Law |
ISBN | : 3515104402 |
Download Human Dignity as a Foundation of Law Book in PDF, Epub and Kindle
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.
Making Human Dignity Central to International Human Rights Law
Author | : Matthew McManus |
Publsiher | : University of Wales Press |
Total Pages | : 266 |
Release | : 2019-09-15 |
Genre | : Law |
ISBN | : 9781786834652 |
Download Making Human Dignity Central to International Human Rights Law Book in PDF, Epub and Kindle
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.
Philosophical Foundations of Human Rights
Author | : Rowan Cruft,S. Matthew Liao,Massimo Renzo |
Publsiher | : Oxford University Press, USA |
Total Pages | : 721 |
Release | : 2015 |
Genre | : Law |
ISBN | : 9780199688630 |
Download Philosophical Foundations of Human Rights Book in PDF, Epub and Kindle
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
Human Dignity and International Law
Author | : Andrea Gattini,Rosana Garciandia,Philippa Webb |
Publsiher | : BRILL |
Total Pages | : 232 |
Release | : 2020-12-15 |
Genre | : Law |
ISBN | : 9789004435650 |
Download Human Dignity and International Law Book in PDF, Epub and Kindle
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.
Philosophical Foundation of Human Rights
Author | : Paul Tiedemann |
Publsiher | : Springer Nature |
Total Pages | : 410 |
Release | : 2020-06-27 |
Genre | : Law |
ISBN | : 9783030422622 |
Download Philosophical Foundation of Human Rights Book in PDF, Epub and Kindle
This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement. Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.