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The Quest for Rights: Ideal and Normative Dimensions

The Quest for Rights: Ideal and Normative Dimensions

Author: Massimo La Torre; Leone Niglia; Mart Susi
Publisher: Edward Elgar Publishing
ISBN: 9781788971768
Published In: August 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,443.00

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Description
Contents

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In an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law.

What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both “ideal” and “critical” perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding ‘normative’ perspective seeks to investigate the broader legal domains of the topic.

This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike.

Introduction

Massimo La Torre, Mart Susi and Leone Niglia

1. A Non-Positivistic Concept of Constitutional Rights

Robert Alexy

2. Radbruch’s Formula and Human Rights

Martin Borowski

3. The Practice-Independency of Human Rights

Luís Pereira Coutinho

4. Constitutional Rights as Moral Judgments

Pavlos Eleftheriadis

5. A Response to Estonian Critics of Principles Theory

Madis Ernits