Author : Angus J. L. Menuge
Publisher : Anthem Press
Page : 365 pages
File Size : 32,24 MB
Release : 2021-02-15
Category : Law
ISBN : 1785276506
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.
Author : Barry W. Bussey
Publisher : Anthem Press
Page : 278 pages
File Size : 12,51 MB
Release : 2021-02-15
Category : Law
ISBN : 1785276530
Focused on the more practical level, volume 2 seeks to understand the work dignity may do as a foundation for law, how it is related to religious liberty, and how we should adjudicate religious liberty disputes at the individual and corporate level. What is the sphere of human dignity that the law should be trying to protect? Is the role of dignity helpful as a foundational legal concept, and if so, how exactly? What is the status of religious liberty as a component of human dignity, and how is it to be balanced with other individual rights, such as freedom of expression? And finally, to what extent can the law adjudicate corporate religious claims?
Author : Edited by Barry W. Bussey; Angus J. L. Menuge
Publisher :
Page : 0 pages
File Size : 43,23 MB
Release : 2021
Category :
ISBN : 9781785276521
Author : Johannes Morsink
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 28,18 MB
Release : 2012-02-28
Category : Law
ISBN : 0812202856
Confronting the evils of World War II and building on the legacy of the 1776 Declaration of Independence and the 1789 French Declaration of the Rights of Man and of the Citizen, a group of world citizens including Eleanor Roosevelt drafted the Universal Declaration of Human Rights. Adopted by the United Nations in 1948, the Universal Declaration has been translated into 300 languages and has become the basis for most other international human rights texts and norms. In spite of the global success of this document, however, a philosophical disconnect exists between what major theorists have said a human right is and the foundational text of the very movement they advocate. In Inherent Human Rights: Philosophical Roots of the Universal Declaration, philosopher and political theorist Johannes Morsink offers an alternative to contemporary assumptions. A major historian of the Universal Declaration, Morsink traces the philosophical roots of the Declaration back to the Enlightenment and to a shared revulsion at the horrors of the Holocaust. He defends the Declaration's perspective that all people have human rights simply by virtue of being born into the human family and that human beings have these rights regardless of any government or court action (or inaction). Like mathematical principles, human rights are truly universal, not the products of a particular culture, economic scheme, or political system. Our understanding of their existence can be blocked only by madness and false ideologies. Morsink argues that the drafters of the Declaration shared this metaphysical view of human rights. By denying the inherence of human rights and their metaphysical nature, and removing the concepts of the Declaration from their historical and philosophical context, contemporary constructivist scholars and pragmatic activists create an unnecessary and potentially dangerous political fog. The book carefully dissects various human rights models and ends with a defense of the Declaration's cosmopolitan vision against charges of unrealistic utopianism and Western ethnocentrism. Inherent Human Rights takes exception to the reigning view that the Golden Rule is the best defense of human rights. Instead, it calls for us to "follow the lead of the Declaration's drafters and liberate the idea of human rights from the realm of the political and the juridical, which is where contemporary theorists have imprisoned it."
Author : Michał Rupniewski
Publisher : Taylor & Francis
Page : 241 pages
File Size : 27,95 MB
Release : 2022-08-05
Category : Law
ISBN : 1000631044
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.
Author : Motsamai Molefe
Publisher : Springer Nature
Page : 312 pages
File Size : 16,12 MB
Release : 2023-11-07
Category : Philosophy
ISBN : 3031373413
This book is a contribution to African philosophy, by philosophers focusing specifically on the concept of human dignity in ethical theory. The concept of ‘human dignity’ denotes the intrinsic and superlative worth associated with human beings in virtue of which we owe them utmost moral regard. Although dignity is a foundational concept for African philosophy, there remains scant literature in African philosophy dedicated to critical and systematic reflection on the concept of human dignity. This volume responds to this lacuna by bringing together chapters that offer philosophical exposition, defense (or even rejection) and application of the concept of human dignity in light of intellectual resources in African cultures, such as ubuntu, personhood, and serithi.
Author : Ginevra Le Moli
Publisher : Cambridge University Press
Page : 433 pages
File Size : 39,74 MB
Release : 2021-11-25
Category : Law
ISBN : 1009051202
Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.
Author : John Loughlin
Publisher : Bloomsbury Publishing
Page : 293 pages
File Size : 13,2 MB
Release : 2019-07-11
Category : Philosophy
ISBN : 1350073717
Dignity is a fundamental aspect of our lives, yet one we rarely pause to consider; our understandings of dignity, on individual, collective and philosophical perspectives, shape how we think, act and relate to others. This book offers an historical survey of how dignity has been understood and explores the concept in the Judaeo-Christian tradition. World-renowned contributors examine the roots of human dignity in classical Greece and Rome and the Scriptures, as well as in the work of theologians, such as St Thomas Aquinas and St John Paul II. Further chapters consider dignity within Renaissance art and sacred music. The volume shows that dignity is also a contemporary issue by analysing situations where the traditional understanding has been challenged by philosophical and policy developments. To this end, further essays look at the role of dignity in discussions about transhumanism, religious freedom, robotics and medicine. Grounded in the principal Christian traditions of Catholicism, Orthodoxy, Anglicanism, and Protestantism, this book offers an interdisciplinary and cross-period approach to a timely topic. It validates the notion of human dignity and offers an introduction to the field, while also challenging it.
Author : Antonietta Di Blase
Publisher : Roma TrE-Press
Page : 331 pages
File Size : 13,32 MB
Release : 2020-02-24
Category : Law
ISBN : 8832136929
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0
Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 15,49 MB
Release : 2008-06-27
Category : Law
ISBN : 9041145273
Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all-encompassing basis.
