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Human Dignity and the Law
This book reassesses the relationship between human dignity, law, and specifically the ‘personalist’ school of agency. The work argues that a specific way of appreciating dignity is contained in how law understands the person, and so can be used to improve upon how we explain and interpret the law. Despite considerable differences between jurisdictions as regards human dignity in application, it is argued that the particular weight of human persons is the widely shared focal point. The central claim, therefore, is that the law recognises, and tries to foster, the status of personhood, and, drawing on the work of Karol Wojty?a, the author develops a ‘Status of Personhood Theory’. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Jurisprudence, Philosophy, Ethics and Political Theory.
Encyclopedia of the Philosophy of Law and Social Philosophy
"Updated content will continue to be published as 'Living Reference Works'"--Publisher.
The Cambridge Companion to Legal Positivism
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
The Depth of the Human Person
This volume brings together leading theologians, biblical scholars, scientists, philosophers, ethicists, and others to explore the multidimensionality and depth of the human person. Moving away from dualistic (mind-body, spirit-flesh, naturalmental) anthropologies, the book's contributors examine human personhood in terms of a complex flesh-body-mind-heart-soul-conscience-reason-spirit spectrum. The Depth of the Human Person begins with a provocative essay on the question "Why is personhood conceptually difficult?" It then rises to the challenge of relating theological contributions on the subject to various scientific explorations. Finally, the book turns to contemporary theological-ethical challenges, discussing such subjects as human dignity, embodiment, gender stereotypes, and human personhood at the edges of life. Contributors: Maria Antonaccio Warren S. Brown Philip Clayton Volker Henning Drecoll Markus Hfner Origen V. Jathanna Malcolm Jeeves Isolde Karle Eiichi Katayanagi Andreas Kemmerling Stephan Kirste Bernd Oberdorfer John C. Polkinghorne Jeffrey P. Schloss Andreas Schle William Schweiker Gerd Theissen Gnter Thomas Frank Vogelsang Michael Welker
Handbook of the History of the Philosophy of Law and Social Philosophy
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Human Dignity, Judicial Reasoning, and the Law
This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can sa...
Philosophical Foundation of Human Rights
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 po...
European Constitutional Language
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
The Oxford Handbook on the Sources of International Law
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
