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  • Philosophical Foundations of Human Rights

    Collections series Philosophical Foundations of Law
    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for ... En savoir plus

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  • Human Rights, Ownership, and the Individual

    par Rowan Cruft ...
    Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer ... En savoir plus

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  • Philosophical Foundations of Discrimination Law

    Modifié par Deborah Hellman, Sophia Moreau ...
    Collections series Philosophical Foundations of Law
    How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is ... En savoir plus

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  • The Fragility of Law

    Constitutional Patriotism and the Jews of Belgium, 1940–1945

    par David Fraser ...
    The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property.David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic ... En savoir plus

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  • New Critical Legal Thinking

    Law and the Political

    Collections series Birkbeck Law Press
    New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors ... En savoir plus

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  • Social Rights Jurisprudence

    Emerging Trends in International and Comparative Law

    Modifié par Malcolm Langford ...
    In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the ... En savoir plus

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  • Human Rights as Social Construction

    par Benjamin Gregg ...
    Most conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God, or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an ... En savoir plus

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  • Torture, Terror, and Trade-Offs

    Philosophy for the White House

    par Jeremy Waldron ...
    Jeremy Waldron has been a challenging and influential voice in the moral, political and legal debates surrounding the response to terrorism since 9/11. His contributions have spanned the major controversies of the War on Terror - including the morality and legality of torture, whether security can be 'balanced' with liberty, and the relationship between public safety and individual rights. He has ... En savoir plus

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  • Amnesties, Pardons and Transitional Justice

    Spain's Pact of Forgetting

    par Roldan Jimeno ...
    Collections series Transitional Justice
    In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within ... En savoir plus

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  • General Principles of Law - The Role of the Judiciary

    Modifié par Laura Pineschi ...
    Collections series Law and Criminology (R0)
    This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014.This volume is organized in four sections, where the topic is mainly explored ... En savoir plus

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  • War Crimes, Genocide, and Justice

    A Global History

    par D. Crowe ...
    Collections series History (R0)
    In this sweeping, definitive work, historian David Crowe offers an unflinching account of the long and troubled history of genocide and war crimes. From ancient atrocities to more recent horrors, he traces their disturbing consistency but also the heroic efforts made to break seemingly intractable patterns of violence and retribution. ... En savoir plus

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  • Global Ethics and Moral Responsibility

    Hans Jonas and his Critics

    The philosophy of Hans Jonas was widely influential in the late twentieth century, warning of the potential dangers of technological progress and its negative effect on humanity and nature. Jonas advocated greater moral responsibility and taking this as a starting point, this volume explores current ethical issues within the context of his philosophy. It considers the vital intersection between ... En savoir plus

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