Human Jurisprudence
DOWNLOAD
Download Human Jurisprudence PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Human Jurisprudence book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Human Jurisprudence
DOWNLOAD
Author : Glendon Schubert
language : en
Publisher: University of Hawaii Press
Release Date : 2019-09-30
Human Jurisprudence written by Glendon Schubert and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-30 with Law categories.
This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, “missionary,” critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes—particularly law, politics, and scholarship—are best understood in human terms. With Holmes, he believes that law is a prediction of what courts will do; hence, to understand law it is necessary to understand judicial behavior. A full explanation of a judge’s behavior would take into account his health (both physical and mental), his personality, his culture and society, and his ideology. Glendon Schubert concedes this but focuses primarily on ideology because he believes the other variables are sublimated in it. Therefore, to him, ideology—attitudes toward human values—is the basic explanation of judicial behavior, and jurisprudence is necessarily human. The studies in this volume are important in the study of judicial behavior, for they broke new ground, and some were forerunners of major books, such as The Judicial Mind, which was published in 1965. Each shows Professor Schubert’s concern at the time they were written, and taken together they show the movement and growth of his ideas and interests.
The Jurisprudence Of Human Rights Law
DOWNLOAD
Author : Theodore S. Orlin
language : en
Publisher: Abo Akademi University
Release Date : 2000-05
The Jurisprudence Of Human Rights Law written by Theodore S. Orlin and has been published by Abo Akademi University this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05 with Law categories.
1. Introduction, Theodore S. Orlin and Martin Scheinin
Defining Civil And Political Rights
DOWNLOAD
Author : Alex Conte
language : en
Publisher: Routledge
Release Date : 2016-05-13
Defining Civil And Political Rights written by Alex Conte and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Law categories.
Defining Civil and Political Rights provides a comprehensive analysis and commentary on the decisions - technically known as views - of the United Nations Human Rights Committee, for use by human rights lawyers throughout the world. Each of the substantive rights and freedoms set out in the International Covenant on Civil and Political Rights is considered in detail, by analysis of final reviews and comments of the Human Rights Committee. This second edition has been thoroughly revised and updated to take account of recent jurisprudence on the Human Rights Committee. New material has been added based upon substantive areas of the committee's jurisprudence.
Human Rights After Deleuze
DOWNLOAD
Author : Christos Marneros
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-03
Human Rights After Deleuze written by Christos Marneros and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Law categories.
This book examines the possibility of creating new ways of existing beyond human rights. Multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now. Having as its starting point the ferocious, yet brief, critique on human rights of one of the most prominent French philosophers of the 20th century, Gilles Deleuze, the book argues that Deleuze's critique is not only compatible with his broader thought but that it has the potential to give a new impetus to the current critiques of human rights, within the 'disciplinary borders' of legal and political theory. The book draws upon Deleuze's broader thought, but also radical legal and political theory and continental philosophy. In particular, it investigates and expands on two of Deleuze's most important notions, namely those of 'immanence' and 'becoming' and their relation to the philosopher's critique of human rights. In doing so, it argues that these two notions are capable of questioning the dominant and dogmatic position that human rights enjoy.
Religious Courts In The Jurisprudence Of The European Court Of Human Rights
DOWNLOAD
Author : Michał Rynkowski
language : en
Publisher: BRILL
Release Date : 2019-09-02
Religious Courts In The Jurisprudence Of The European Court Of Human Rights written by Michał Rynkowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-02 with Law categories.
In the 60 years of its existence, the European Court of Human Rights has handled only twelve cases in which a religious court was involved at stage of domestic proceedings. These cases originated from a number of European States and the Court came to various conclusions, which are presented in this book.
The End Of Human Rights
DOWNLOAD
Author : Costas Douzinas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-06-01
The End Of Human Rights written by Costas Douzinas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-01 with Law categories.
The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.
The Judicial Application Of Human Rights Law
DOWNLOAD
Author : Nihal Jayawickrama
language : en
Publisher: Cambridge University Press
Release Date : 2002-12-12
The Judicial Application Of Human Rights Law written by Nihal Jayawickrama 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 2002-12-12 with Law categories.
10 The right to life
Human Rights In The Uk And The Influence Of Foreign Jurisprudence
DOWNLOAD
Author : Hélène Tyrrell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-09-20
Human Rights In The Uk And The Influence Of Foreign Jurisprudence written by Hélène Tyrrell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Law categories.
Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
Resolving Conflicts Between Human Rights
DOWNLOAD
Author : Stijn Smet
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-10
Resolving Conflicts Between Human Rights written by Stijn Smet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
The Human Measure
DOWNLOAD
Author : Donald R. Kelley
language : en
Publisher:
Release Date : 1990
The Human Measure written by Donald R. Kelley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with History categories.
A grand-scale inquiry into the idea of law as the vehicle of culture and social and moral thought. Kelley's (history, U. of Rochester) inquiry into the Western legal tradition, its formation, reformation, and transformation over 2,000 years, traces the social and cultural thought of jurists and legal philosophers from Greek roots and Roman foundations to the 19th and 20th centuries. Annotation copyrighted by Book News, Inc., Portland, OR