The Nature And Scope Of Individual Rights


The Nature And Scope Of Individual Rights
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The Nature And Scope Of Individual Rights


The Nature And Scope Of Individual Rights
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Author : Robin D. Barnes
language : en
Publisher:
Release Date : 2008

The Nature And Scope Of Individual Rights written by Robin D. Barnes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


The Nature and Scope of Individual Rights provides historical context for the cases, articles and wide range of materials presented throughout the book. Readers explore how theories of social freedom and governance were developed and articulated in national debates on the most controversial matters of law and social science. Comparing specific legislation with purported state interests yields insights into judicial processes in those areas where law appears to operate without an obvious correlation between ends and means. The book covers topics related to military conscription, euthanasia, capital punishment, monogamy, incest, marital and statutory rape, race, gender, sexual orientation, workplace privacy, and public response to the Patriot Act, as changes in domestic surveillance and telecommunications technology continue to transform the dialogue around privacy. Barnes ultimately encourages readers to consider how many of these debates are consistent with (or even worthy of) our highest aspirations in relation to liberty, autonomy and governance for the general welfare. "Most law professors skip topics because of the fear of making our students uncomfortable... The genius of Barnes' book is that it brings together so many of these topics that they become safer to cover... The materials are well-chosen and obviously provocative. The issues are central to our conception of self, family and society, and the concepts of right and wrong that animate the relationships. So, the only remaining question is: Do you have the courage to teach this course?" -- Matthew Spitzer, University of Southern California Law School "Professor Barnes is to be credited with constructing a textbook that is relevant in every sense of the term. Students learn best when they feel that they are learning issues that impact their own lives. The subset of constitutional law that is the focus of Professor Barnes' book -- intimate individual rights -- and the author's choice of materials will foster precisely this type of classroom experience." -- Terry Smith, Fordham University School of Law



Liberty Right And Nature


Liberty Right And Nature
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Author : Annabel S. Brett
language : en
Publisher: Cambridge University Press
Release Date : 2003-10-16

Liberty Right And Nature written by Annabel S. Brett 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 2003-10-16 with History categories.


A major re-evaluation of the history of our thinking about rights.



Shaping Rights In The Echr


Shaping Rights In The Echr
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Author : Eva Brems
language : en
Publisher: Cambridge University Press
Release Date : 2014-01-23

Shaping Rights In The Echr written by Eva Brems 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 2014-01-23 with Political Science categories.


In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.



War And Individual Rights


War And Individual Rights
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Author : Kai Draper
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

War And Individual Rights written by Kai Draper 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 2015 with History categories.


This study begins with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national, no less than personal, interests. That assumption might seem to demand a pacifist rejection of all war, for any sustained war effort requires military operations that predictably kill many non-combatants, most of whom presumably have a right not to be killed. Yet the book concludes that sometimes recourse to war is justified. Its argument relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory.



Human Rights And The Private Sphere Vol 1


Human Rights And The Private Sphere Vol 1
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Author : Jörg Fedtke
language : en
Publisher: Routledge
Release Date : 2007-08-07

Human Rights And The Private Sphere Vol 1 written by Jörg Fedtke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-07 with Law categories.


Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.



The Right To Health In International Law


The Right To Health In International Law
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Author : John Tobin
language : en
Publisher: OUP Oxford
Release Date : 2012-01-12

The Right To Health In International Law written by John Tobin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-12 with Law categories.


The link between health and human rights has been recognised for many years, but the increasing visibility of the right to health in international law has been a distinct feature of the last decade. It has been embraced by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions as a tool to address health inequalities at the local and global level, in matters ranging from access to medicines and the availability of affordable health care to sexual and reproductive health. But it has equally been the subject of derision and scorn by human rights sceptics who have described it as lacking foundation, nebulous, and incapable of implementation. This book seeks to offer a comprehensive discussion of the status and meaning of the right to health in international law. It traces the history of this right to reveal its nexus with public health and the long-standing recognition that a State has a responsibility to attend to the health needs of its population. It also offers a theoretical account of its conceptual foundations which challenges the position held by many philosophers that health is undeserving of the status of a human right. By developing an interpretative methodology, the book provides a persuasive account of the meaning of the right to health and the obligations it imposes on States. This process reveals an understanding of the right to health that, while challenging, remains practical and capable of guiding States that are genuinely committed to addressing the health needs of their population.



The Law Of International Human Rights Protection


The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-08-29

The Law Of International Human Rights Protection written by Walter Kälin 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 2019-08-29 with Law categories.


At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.



The Cambridge Handbook Of Natural Law And Human Rights


The Cambridge Handbook Of Natural Law And Human Rights
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Author : Tom Angier
language : en
Publisher: Cambridge University Press
Release Date : 2022-11-17

The Cambridge Handbook Of Natural Law And Human Rights written by Tom Angier 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 2022-11-17 with Law categories.


This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.



Encyclopedia Of Applied Ethics


Encyclopedia Of Applied Ethics
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Author :
language : en
Publisher: Academic Press
Release Date : 2012-01-10

Encyclopedia Of Applied Ethics written by and has been published by Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-10 with Social Science categories.


The Encyclopedia of Applied Ethics, Second Edition, Four Volume Set addresses both the physiological and the psychological aspects of human behavior. Carefully crafted, well written, and thoroughly indexed, the encyclopedia helps users - whether they are students just beginning formal study of the broad field or specialists in a branch of psychology - understand the field and how and why humans behave as we do. The work is an all-encompassing reference providing a comprehensive and definitive review of the field. A broad and inclusive table of contents ensures detailed investigation of historical and theoretical material as well as in-depth analysis of current issues. Several disciplines may be involved in applied ethics: one branch of applied ethics, for example, bioethics, is commonly explicated in terms of ethical, legal, social, and philosophical issues. Editor-in-Chief Ruth Chadwick has put together a group of leading contributors ranging from philosophers to practitioners in the particular fields in question, to academics from disciplines such as law and economics. The 376 chapters are divided into 4 volumes, each chapter falling into a subject category including Applied Ethics; Bioethics; Computers and Information Management; Economics/Business; Environmental Ethics; Ethics and Politics; Legal; Medical Ethics; Philosophy/Theories; Social; and Social/Media. Concise entries (ten pages on average) provide foundational knowledge of the field Each article will features suggested readings pointing readers to additional sources for more information, a list of related websites, a 5-10 word glossary and a definition paragraph, and cross-references to related articles in the encyclopedia Newly expanded editorial board and a host of international contributors from the US, Australia, Belgium, Canada, France, Germany, Ireland, Israel, Japan, Sweden, and the United Kingdom The 376 chapters are divided into 4 volumes, each chapter falling into a subject category including Applied Ethics; Bioethics; Computers and Information Management; Economics/Business; Environmental Ethics; Ethics and Politics; Legal; Medical Ethics; Philosophy/Theories; Social; and Social/Media



Activation Policies And The Protection Of Individual Rights


Activation Policies And The Protection Of Individual Rights
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Author : Paul Van Aerschot
language : en
Publisher: Routledge
Release Date : 2016-03-16

Activation Policies And The Protection Of Individual Rights written by Paul Van Aerschot and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Political Science categories.


In Denmark, Finland and Sweden the evolution of administrative law, including social welfare law, has been marked by a shift towards a stronger protection of the recipient's individual rights. The adoption of activation policies targeting recipients of social assistance has highlighted the tensions between decision-making concerning the implementation of these policies and the legislative efforts to promote the realisation of individual rights in the field of social welfare. An examination of the legislation in question and its implementation conditions shows that the realisation of individual rights is subordinated to the pursuit of organisational and other objectives. The findings of the study are used to formulate proposals for the promotion of individual rights based on the Nordic egalitarian model of citizenship. This critical assessment of activation policies should be of broad international appeal. It will be of interest to researchers in social policy, as well as those concerned with protection of rights.