Reasoning Rights

This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

"Informed in 1944 that she was 'not of the sex' entitled to be admitted to Harvard Law School, African American activist Pauli Murray confronted the injustice she called 'Jane Crow.' In the 1960s and 1970s, the analogies between sex and race discrimination pioneered by Murray became potent weapons in the battle for women's rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri's Reasoning from Race is the first book to explore the development and consequences of this key feminist strategy. Mayeri uncovers the history of an often misunderstood connection at the heart of American antidiscrimination law. Her study details how a tumultuous political and legal climate transformed the links between race and sex equality, civil rights and feminism. Battles over employment discrimination, school segregation, reproductive freedom, affirmative action, and constitutional change reveal the promise and peril of reasoning from race--and offer a vivid picture of Pauli Murray, Ruth Bader Ginsburg, and others who defined feminists' agenda. Looking beneath the surface of Supreme Court opinions to the deliberations of feminist advocates, their opponents, and the legal decisionmakers who heard--or chose not to hear--their claims, Reasoning from Race showcases previously hidden struggles that continue to shape the scope and meaning of equality under the law"--Publisher description

This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.

Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.

A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.

The reader is invited to follow a route that visits Fish's view of theory and practice,Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of three-valued logic, Wittgenstein's language games, and Moore's metaphysical realism. The destination is the practice at the heart of legal reasoning. It is suggested that this manifests the way in which the limitations of language and the incompleteness of human experience allow the opportunity for coherent development of the law and at the same time produce an inherent incoherence within the law. The central part of the book seeks to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language, but challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. Instead it is argued that law provides an unrivalled test-bed for examining the limits of the capacity of our words, and that the study of law may be used to confront in a robust and illuminating manner the limitations of that discipline. The final chapter considers some of the implications of recognising the incoherence at the heart of legal reasoning, commenting on an institutional approach to law, the legitimacy of law, legal definitions, different approaches to legal reasoning, the role of appellate courts, the general possibility of providing a theoretical model of law, the use of legal rules, and the nature of law's critical aperture. The book should be of interest to advanced undergraduate students (particularly on jurisprudence courses), postgraduate students, academics, and practitioners concerned to reflect on the nature of the discipline they practice.

Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.

Employing an experiential, active learning approach to leadership and management, the 10th Edition of this best-selling text equips students for success in the ever-changing, increasingly challenging professional nursing workforce. Current, comprehensive coverage details the responsibilities of high-performing middle- and top-level nursing managers — from managing conflict and working collaboratively to organizing patient care and staffing. Hundreds of engaging, hands-on learning exercises enhance students’ critical-thinking and problem-solving skills and provide them with essential practice in making leadership and management decisions before they enter high-stakes, real-world clinical settings. Updated content equips students with the latest clinical practices and perspectives in quality and safety, the influence and use of technology, healthy workplaces, workplace violence/incivility, quality measurement/benchmarking, healthcare reform/reimbursement, change management, interprofessional teams and more. New evidence-based case studies prepare students to confidently address the growing opioid crisis. More than 280 learning exercises challenge students to apply concepts to a range of practice situations and healthcare settings. Examining the Evidence features in each chapter familiarize students with new research findings, evidence-based practice and best practices in leadership and management. Break-Out Comments reinforce key ideas at a glance. Content Crosswalks tie chapter content to the latest AACN, AONL, QSEN and ANA standards and competencies to clarify and emphasize clinical relevance. A detailed instructor’s manual on thePoint helps you make the most of the active learning exercises in your classroom.