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Juridical Humanity


Juridical Humanity
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Juridical Humanity


Juridical Humanity
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Author : Samera Esmeir
language : en
Publisher: Stanford University Press
Release Date : 2012-06-20

Juridical Humanity written by Samera Esmeir and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-20 with History categories.


In colonial Egypt, the state introduced legal reforms that claimed to liberate Egyptians from the inhumanity of pre-colonial rule and elevate them to the status of human beings. These legal reforms intersected with a new historical consciousness that distinguished freedom from force and the human from the pre-human, endowing modern law with the power to accomplish but never truly secure this transition. Samera Esmeir offers a historical and theoretical account of the colonizing operations of modern law in Egypt. Investigating the law, both on the books and in practice, she underscores the centrality of the "human" to Egyptian legal and colonial history and argues that the production of "juridical humanity" was a constitutive force of colonial rule and subjugation. This original contribution queries long-held assumptions about the entanglement of law, humanity, violence, and nature, and thereby develops a new reading of the history of colonialism.



Humanity S Law


Humanity S Law
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Author : Ruti Teitel
language : en
Publisher: Oxford University Press
Release Date : 2011-03-15

Humanity S Law written by Ruti Teitel 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 2011-03-15 with Political Science categories.


In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.



The Law Of Humanity Project


The Law Of Humanity Project
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Author : Ukri Soirila
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-15

The Law Of Humanity Project written by Ukri Soirila and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.


This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances “the law of humanity project”. In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law – a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.



International Law For Humankind


International Law For Humankind
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Author : Antônio Augusto Cançado Trindade
language : en
Publisher: BRILL
Release Date : 2010-07-12

International Law For Humankind written by Antônio Augusto Cançado Trindade and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-12 with Law categories.


This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.



International Law For Humankind


International Law For Humankind
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Author : Antônio Augusto Cançado Trindade
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-06-17

International Law For Humankind written by Antônio Augusto Cançado Trindade 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 2013-06-17 with Law categories.


This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.



Redirecting Human Rights


Redirecting Human Rights
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Author : A. Grear
language : en
Publisher: Springer
Release Date : 2010-04-09

Redirecting Human Rights written by A. Grear and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-09 with Law categories.


Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.



Fiduciaries Of Humanity


Fiduciaries Of Humanity
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Author : Evan J. Criddle
language : en
Publisher: Oxford University Press
Release Date : 2016

Fiduciaries Of Humanity written by Evan J. Criddle 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 2016 with Law categories.


Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.



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.


A theoretical, historical and juridical exegesis of human dignity in international law over two centuries.



The Humanity Of Private Law


The Humanity Of Private Law
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Author : Nicholas McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-12-27

The Humanity Of Private Law written by Nicholas McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-27 with Law categories.


The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; - explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; - defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.



Humanness As A Protected Legal Interest Of Crimes Against Humanity


Humanness As A Protected Legal Interest Of Crimes Against Humanity
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Author : Rustam Atadjanov
language : en
Publisher: Springer
Release Date : 2019-06-13

Humanness As A Protected Legal Interest Of Crimes Against Humanity written by Rustam Atadjanov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.


Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of “humanity”. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of “humanity” left undefined in law. The proposed theory argues that “humanity” should be understood as “humanness” and crimes against humanity should be criminalised because humanness constitutes these crimes’ valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels. This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law. Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.