Home >
Law >
Human Rights >
Human Dignity, Judicial Reasoning, and the Law: Comparative Perspectives on a Key Constitutional Concept

Human Dignity, Judicial Reasoning, and the Law: Comparative Perspectives on a Key Constitutional Concept

Author: Brett G. Scharffs; Andrea Pin; Dmytro Vovk
Publisher: Routledge
ISBN: 9781032310572
Published In: May 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,885.00

HKD 1,828.45 Save HKD 56.55 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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 saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and internal law specialists. Whilst being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.

Acknowledgements

1. Introduction: Human Dignity in Adjudication

Brett G. Scharffs, Andrea Pin and Dmytro Vovk.

Part I. The Social Meaning, Legal Salience, and Role in Adjudication of Human Dignity

2. The Rule of Law Sets Its Face Against Humiliation

Paul Gowder

3. Dignity—Continuation of a Dialogue

Neville G. Rochow and Hans-Joachim Cremer

4. Dignity Plus: Dignity Proper and Dignity Plus: On the Uses of Dignity in German Constitutional Jurisprudence

Justin Collings

5. Dignity, Sexuality, and Moral Order in Legal and Judicial Debate

Zachary R. Calo