From Personal Duties Towards Personal Rights


Book Description

Focusing on the concepts of popular consent, representation, limit, and resistance to tyranny as essential features of modern theories of parliamentary democracy, Monahan shows a continuity in use of these concepts across the alleged divide between the Mi




Individual Duty within a Human Rights Discourse


Book Description

Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy, jurisprudence, religion, and ethics. The author attempts to demonstrate that a greater emphasis upon individual duties is consistent with a cultural relativist critique, natural law theory, the experience of national legal systems and regional human rights systems, certain socio-political philosophies and conventional sociological postulates, and the dictates of good public policy. The author urges the assignment of a greater, indeed revived, role for the principle of individual duty in order to achieve a more salutary balance between rights and duties and in the relationship between individual freedom and the welfare of the general community.




Human Rights and Personal Self-Defense in International Law


Book Description

While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. Human rights also establish parameters on how broad or narrow the laws can be drawn on self-defense between private persons. Setting out the prevailing international standards, the book critically examines the ongoing trend to excessively broaden self-defense laws. It also refutes the claim that there is a human right to possess firearms for self-defense purposes. In extraordinary circumstances, the right to personal self-defence sharpens human rights and allows people to defend themselves against the state. Here the author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.




The Right to Life in European Constitutional and International Case-law


Book Description

The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe




Probate and Settle an Estate in Florida


Book Description

#1 Florida Probate Book SIMPLIFY SETTLING AN ESTATE Settling a loved one's estate - whether a will is present or not - is not difficult, but it is filled with legal technicalities you have to know. Probate and Settle an Estate in Florida clarifies all of these rules and takes you through the process in an easy-to-understand fashion. Let it help you put this trying time behind you . LEARN HOW TO: Navigate Through the Probate Process End Claims Made by Creditors Prioritize Your Responsibilities to the Estate Close an Estate with No Will READY-TO-GO FORMS with Step-by-Step Instructions ESSENTIAL DOCUMENTS YOU NEED TO: Protect your family Distribute property Resolve tax-related matters Finalize outstanding issues And much more. "Their legal survival guides are dynamite and very readable." - Small Business Opportunities "Explaining the way the law works." - Daily Herald "Sphinx [legal guides] are staples of legal how-to collections." - Library Journal




Is There a Duty to die?


Book Description

The question of whether there might be a duty to die was first raised by Margaret Battin in 1987 in her ground-breaking essay, "Age Distribution and the Just Distribution of Health Care: Is There a Duty to-Die?" In 1997 the issue was reprised when two new articles appeared on the topic written by John Hardwig and the other by former Colorado Governor Richard D. Lamm. Given the renewed interest in the topic, as well as its undeniable importance, Biomedical Ethics Re views sought to initiate an in-depth discussion of the issue by soliciting articles and issuing a general call for papers on the topic "Is There a Duty to Die?" The twelve articles in this volume represent the ultimate fruits of those initiatives. The first seven essays in this text are sympathetic to the claim that there is a duty to die. They argue either: (a) that some form of a duty to die exists, or (b) that arguments that might be offered against the existence of such a duty cannot be sustained. By way of contrast, the last five articles in the text are critical of duty-to-die claims: The authors of the first three of these five articles attempt to cast doubt on the existence of a duty to die, and the writers of the last two essays argue that if such a duty did exist, severe problems would arise when ever we attempted to implement it.




Returns of Internally Displaced Persons during Armed Conflict


Book Description

By 2017, it was estimated that over 40 million people were displaced within their own countries by conflict and violence across at least 56 countries worldwide. Solutions to the epidemic of forced internal displacement are frequently premised on the return of internally displaced persons (IDPs). Indeed, as a characteristic need of IDPs, such returns benefit from a special protection framework developed by IDP protection instruments such as the Guiding Principles. However, the legal status of those instruments remains ambiguous, generating attendant questions about the congruity of the IDP return framework with existing international law. Moreover, limited knowledge exists on its practical implementation. As a result, both inter-national agencies and individual scholars have repeatedly issued urgent calls for comprehensive and grounded theoretical investigation into this topic. This book answers those long-standing calls for research by presenting a detailed study of the return of conflict-afffected IDPs under international law.




Education pamphlets


Book Description




From Personal Duties Towards Personal Rights


Book Description

Part One examines the late medieval northern Italian city-state republics and the humanist depiction of their form of polity. Part Two reviews the legal (principally canonical) and political thought behind the development of a theory of popular consent and limited authority employed to resolve the Great Schism in the Western church. Part Three describes sixteenth-century Spanish neoscholastic political writings and their application to Reformation Europe and Spanish colonial expansion in the New World. Part Four examines the political thought of some of those who responded to new problems in church/state relations caused by the fracturing of medieval Christendom in the West: Luther, Calvin, and other Reformation writers; the Protestant resistance pamphleteers; and Richard Hooker. Featuring an extensive bibliography, From Personal Duties towards Personal Rights will be of specific interest to intellectual historians as well as historians of political ideas and political theories and students in history, political science, and religious studies.




Obligations


Book Description

Obligations: Law and Language is the first work of its kind to examine in depth the fundamental language used by courts, legislators, and academic commentators when describing the nature of obligations law. A comparative perspective is taken, examining the law of England, Scotland, the United States, Canada, and Australia, and an in-depth analysis is provided of the major legal commentaries, statutes, and case law from each jurisdiction. In exploring such fundamental words as obligation, liability, debt, conditional, unilateral, mutual, and gratuitous, the author examines the often confusing and contradictory ways in which basic structural language has been used, and brings clarity to a core area of legal theory and practice.