Human Rights as a Basis for reevaluating and reconstructing the law
Author : Arnaud Hoc
Publisher :
Page : 0 pages
File Size : 30,53 MB
Release :
Category :
ISBN :
Human Rights as a Basis for Reevaluating and Reconstructing the Law
Author : Wattier HOC
Publisher : Emile Bruylant
Page : 560 pages
File Size : 23,10 MB
Release : 2016-05-12
Category :
ISBN : 9782802754022
Book Description
Human rights were reaffirmed and internationalised after the world conflicts which marked H the 20th century and provide both the foundation of democracy and a bulwark against its excesses. The universal affirmation of these rights in the 1948 Universal Declaration and their subsequent embodiment in national constitutions marks the beginning of a spectacular evolution rendering them the main mode of expression for social and political demands and a common denominator in legal systems in contemporary democracies. In this way, human rights act as a bridge between culture, politics and law and a hinge between legal systems. Their spectacular impact on all areas of the law has provoked contrasting reactions: some denounce it as risking the disintegration of the law; others rather insist upon its reconstructive potential. Yet in every instance, human rights are doubtless one of the main features of legal postmodernity. The 4th ACCA Conference which took place in Louvain-la-Neuve in May 2015 aimed to contribute to the debate on human rights as a potential basis for reevaluation and/or reconstruction of the law. During the morning session, several speakers (academics or/and practitioners specialising in human rights) offered general presentations on this topic. In the afternoon session, participants had the opportunity to take part in workshops dedicated to specific topics: I. Human Rights and relationships between legal systems; II. Human Rights and procedural law; III. Human Rights and values; IV. Human Rights and Information Society; V. Human Rights and Investment; VI. Human Rights and Public Policy.
The Right To Be Forgotten
Author : Franz Werro
Publisher : Springer Nature
Page : 317 pages
File Size : 12,3 MB
Release : 2020-03-06
Category : Law
ISBN : 3030335127
Book Description
This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today’s world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.
Judicial Coherence in the European Patent System
Author : Baldan, Federica
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 14,81 MB
Release : 2022-06-14
Category : Law
ISBN : 1800880073
Book Description
This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.
Axiological Pluralism
Author : Lucia Busatta
Publisher : Springer Nature
Page : 252 pages
File Size : 24,76 MB
Release : 2021-09-02
Category : Law
ISBN : 3030784754
Book Description
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
The Heart of Human Rights
Author : Allen Buchanan
Publisher :
Page : 331 pages
File Size : 37,15 MB
Release : 2013-12
Category : Law
ISBN : 0199325383
Book Description
This book provides a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. Any attempt to achieve a moral assessment of that enterprise must first evaluate the system of international legal human rights, which includes both legal norms and the institutions that create, interpret, and implement them. When philosophers have addressed the system of international legal human rights at all, they have tended to assume that international legal human rights, when they are morally justified, mirror, or at least help to realize, preexisting moral human rights. But international legal human rights, like many other legal rights, can be justified by appeal to several different types of moral considerations, of which the need to realize preexisting moral individual rights is only one. Justifying the system of international legal human rights requires not only advancing sound arguments for international legal human rights norms, but also an account of the legitimacy of the institutions of the international legal human rights system. It also requires showing that the legal rights in question should be part of a system of international law, rather than merely being included in domestic legal systems. Finally, justification also requires an account of the supremacy of international human rights law: a determination of whether and if so under what conditions, international human rights law should trump domestic law, including the constitutional law of the best existing liberal democratic states --
Toward a Theory of Human Rights
Author : Michael J. Perry
Publisher : Cambridge University Press
Page : 272 pages
File Size : 36,7 MB
Release : 2008-08-18
Category : Religion
ISBN : 9780521684224
Book Description
Neither the morality of human rights nor its relation to the law of human rights is well understood. In this book, Michael Perry addresses three large issues: o There is undeniably a religious ground - indeed, more than one religious ground - for the morality of human rights. But is there a nonreligious (secular) ground for the morality of human rights? o What is the relation between the morality of human rights and the law of human rights? Perry here addresses the controversial issues of capital punishment, abortion, and same-sex unions. o What is the proper role of courts, in a liberal democracy, in protecting-and therefore in interpreting-constitutionally entrenched human rights? In considering this question, special attention is paid to the Supreme Court and how it should rule on hot button issues such as capital punishment and abortion. Toward a Theory of Human Rights makes a significant contribution both to human rights studies and to constitutional theory.
The Last Utopia
Author : Samuel Moyn
Publisher : Harvard University Press
Page : 346 pages
File Size : 33,37 MB
Release : 2012-03-05
Category : History
ISBN : 0674256522
Book Description
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
After the Tsunami
Author :
Publisher : Human Rights Center, Uc Berkeley
Page : 0 pages
File Size : 27,19 MB
Release : 2005
Category : Disaster relief
ISBN : 9780976067719
Book Description
Congressional Record
Author : United States. Congress
Publisher :
Page : 1484 pages
File Size : 40,40 MB
Release : 1967
Category : Law
ISBN :
Book Description
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
