Human Dignity And The Foundations Of International Law


Human Dignity And The Foundations Of International Law
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Human Dignity And The Foundations Of International Law


Human Dignity And The Foundations Of International Law
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Author : Patrick Capps
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-06-11

Human Dignity And The Foundations Of International Law written by Patrick Capps and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-11 with Law categories.


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


Human Dignity In International Law
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Author : Ginevra Le Moli
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-25

Human Dignity In International Law written by Ginevra Le Moli and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Law categories.


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 Dignity As A Foundation Of Law


Human Dignity As A Foundation Of Law
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Author : Winfried Brugger
language : en
Publisher: Franz Steiner Verlag Wiesbaden gmbh
Release Date : 2013

Human Dignity As A Foundation Of Law written by Winfried Brugger and has been published by Franz Steiner Verlag Wiesbaden gmbh this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.


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 Rights And World Public Order


Human Rights And World Public Order
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Author : Myres S. McDougal
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-12-14

Human Rights And World Public Order written by Myres S. McDougal and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-14 with Law categories.


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.



Philosophical Foundations Of Human Rights


Philosophical Foundations Of Human Rights
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press
Release Date : 2015

Philosophical Foundations Of Human Rights written by Rowan Cruft and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.


Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics



Philosophical Foundation Of Human Rights


Philosophical Foundation Of Human Rights
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Author : Paul Tiedemann
language : en
Publisher: Springer Nature
Release Date : 2020-06-27

Philosophical Foundation Of Human Rights written by Paul Tiedemann and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-27 with Law categories.


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.



Human Dignity And International Law


Human Dignity And International Law
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2020-12-15

Human Dignity And International Law written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.


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.



The Inherence Of Human Dignity


The Inherence Of Human Dignity
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Author : Angus J. L. Menuge
language : en
Publisher: Anthem Press
Release Date : 2021-02-15

The Inherence Of Human Dignity written by Angus J. L. Menuge and has been published by Anthem Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.


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.



The Quest For World Order And Human Dignity In The Twenty First Century


The Quest For World Order And Human Dignity In The Twenty First Century
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Author : W.M. Reisman
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-02-18

The Quest For World Order And Human Dignity In The Twenty First Century written by W.M. Reisman and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-18 with Law categories.


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.



Advanced Introduction To Human Dignity And Law


Advanced Introduction To Human Dignity And Law
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Author : James R. May
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-09-25

Advanced Introduction To Human Dignity And Law written by James R. May and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.


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.