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Author: Liora Lazarus
Publisher: Bloomsbury Publishing
ISBN: 1849468141
Category : Law
Languages : en
Pages : 434
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Book Description
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Author: Liora Lazarus
Publisher: Bloomsbury Publishing
ISBN: 1849468141
Category : Law
Languages : en
Pages : 434
Get Book Here
Book Description
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Author: Serena Mayeri
Publisher: Harvard University Press
ISBN: 0674061101
Category : History
Languages : en
Pages : 382
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Book Description
"Informed in 1944 that she was 'not of the sex' entitled to be admitted to Harvard Law School, African American activist Pauli Murray confronted the injustice she called 'Jane Crow.' In the 1960s and 1970s, the analogies between sex and race discrimination pioneered by Murray became potent weapons in the battle for women's rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri's Reasoning from Race is the first book to explore the development and consequences of this key feminist strategy. Mayeri uncovers the history of an often misunderstood connection at the heart of American antidiscrimination law. Her study details how a tumultuous political and legal climate transformed the links between race and sex equality, civil rights and feminism. Battles over employment discrimination, school segregation, reproductive freedom, affirmative action, and constitutional change reveal the promise and peril of reasoning from race--and offer a vivid picture of Pauli Murray, Ruth Bader Ginsburg, and others who defined feminists' agenda. Looking beneath the surface of Supreme Court opinions to the deliberations of feminist advocates, their opponents, and the legal decisionmakers who heard--or chose not to hear--their claims, Reasoning from Race showcases previously hidden struggles that continue to shape the scope and meaning of equality under the law"--Publisher description
Author: Richard E. Flathman
Publisher: Cambridge University Press
ISBN: 0521211700
Category : Political Science
Languages : en
Pages : 262
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Book Description
In this book Richard Flathman sets out to provide a systematic understanding and an assessment of individual rights.
Author: Se-shauna Wheatle
Publisher: Bloomsbury Publishing
ISBN: 1782259821
Category : Law
Languages : en
Pages : 248
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Book Description
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Author: MartinP. Golding
Publisher: Routledge
ISBN: 1351560530
Category : History
Languages : en
Pages : 425
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Book Description
This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.
Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
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Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: Samuel L. Popkin
Publisher: University of Chicago Press
ISBN: 022677287X
Category : Political Science
Languages : en
Pages : 335
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Book Description
The Reasoning Voter is an insider's look at campaigns, candidates, media, and voters that convincingly argues that voters make informed logical choices. Samuel L. Popkin analyzes three primary campaigns—Carter in 1976; Bush and Reagan in 1980; and Hart, Mondale, and Jackson in 1984—to arrive at a new model of the way voters sort through commercials and sound bites to choose a candidate. Drawing on insights from economics and cognitive psychology, he convincingly demonstrates that, as trivial as campaigns often appear, they provide voters with a surprising amount of information on a candidate's views and skills. For all their shortcomings, campaigns do matter. "Professor Popkin has brought V.O. Key's contention that voters are rational into the media age. This book is a useful rebuttal to the cynical view that politics is a wholly contrived business, in which unscrupulous operatives manipulate the emotions of distrustful but gullible citizens. The reality, he shows, is both more complex and more hopeful than that."—David S. Broder, The Washington Post
Author: Rex Martin
Publisher: Oxford University Press
ISBN: 0198273746
Category : Political Science
Languages : en
Pages : 448
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Book Description
Martin provides an original solution to the issue of the justification of political authority, by constructing a model political system in which certain kinds of political rights are emphasised, and discussing the implications of such a system.
Author: Wojciech Sadurski
Publisher: Springer
ISBN: 9401789355
Category : Law
Languages : en
Pages : 470
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Book Description
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Author: Carl Wellman
Publisher: Oxford University Press
ISBN: 0195357388
Category : Philosophy
Languages : en
Pages : 288
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Book Description
Real Rights offers a new theory of the grounds of legal and moral rights, thereby providing a platform from which to determine whether alleged rights are "real" or not. In particular, Wellman conceives of a legal or moral right as a complex of liberties, claims, powers, and immunities, and distinguishes the kinds of laws and moral reasons that can ground each of these. The book argues that only agents can be right-holders, that children and the mentally-limited can have only limited rights, while fetuses, the dead, and groups can have none. It also discusses the duties implied by any real right, as well as the kinds of considerations (including conflicting rights) that could override implied duties. This original and systematic discussion of the grounds of rights should interest a wide range of scholars and practitioners in philosophy, law, and political science.
