Human Dignity and the Autonomy of Law

Author: José Linhares, Manuel Aroso; Manuel Atienza
Publisher: Springer International
ISBN: 9783031148231
Published In: December 2022
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book intertwines two major themes in contemporary legal theory - the concepts of human dignity and the problem of the autonomy and limits of the law - while also addressing two other key aspects - the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law's aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive "bio-ethical" issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

Dignity / Autonomy of the Law / Human Rights / Comparable Personal Autonomies: Introducing an Indispensable Generating Series (and its Productive "Phantoms")

Part 1: Exploring the "Conceptual Bonds" between Human Rights and Human Dignity

From Human Rights to Human Dignity and vice versa

Models of Consensus and Compromise on Human Rights and Dignity

The Foundation of Human Rights, Dignity or Autonomy?

Part 2: Exploring the Problem of The Autonomy of Law in the Trends of Contemporary Legal Discourse(s)

Hart, Raz and Kelsen on the Puzzle of Law's Autonomy

Constructivist Metaphors and Laws Autonomy in Legal Post-Positivism

Part 3: Intertwining the Claim to Autonomy and the Concept of Human Dignity

Merit, Value and Justification: Human Dignity vis-a-vis Legal (Inter)subjectivity - The Autonomy of Subjects Within the Autonomy of Law

Between Principles and Rules. An itinerary around Law's Morality and Human Dignity

The Legal Meaning of Human Dignity: Respect for Autonomy and Concern for Vulnerability

Part 4: Dialogues with Emmanuel Levinas

The Double Sense of the Law-Dignity Relationship in Emmanuel Levinas

Human Rights, Rights of The Other, and Preventive Peace. A Levinasian perspective

Part 5: Dialogues with Jeremy Waldron

No Argument: Human Dignity and The Making of Legislation

Is dignity a noncontingent autonomously juridical "idea"? A conversation piece with Jeremy Waldron

Part 6: Exploring Human Dignity in the Boundaries of Law

Does Dignity Promote Law's Autonomy or Undermine It? The Israeli Controversy

Images and Counter-images of humanitas: A Jusaesthetic Approach to the Problem of Law's Normative Validity: Beyond the Blindness-and-Sightedness Polarity