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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.
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...
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.
The Inherence of Human Dignity
Focused at the theoretical level, this volume seeks to clarify our understanding of various historical and contemporary concepts of human dignity. It examines the various meanings of the term ‘dignity’ before looking at the philosophical sources of dignity and both religious and secular attempts to provide a grounding for the notion. It also compares the merits and defects of older and newer concepts of dignity, including extensions of dignity to groups, animals, and machines.
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
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.
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.
The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
The Welfare State, Globalization, and International Law
The book deals with the role of the international level in securing or supplementing national welfare functions. The authors evaluate the role of international labour law, social rights as human rights, the World Trade Organisation, non-governmental organisations and international taxation law, in the effort to maintain and promote welfare rights and the welfare state. The functions of national migration law and of social security law are analysed in case studies.
Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
