Book Description
In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 2: Practice) is the result of that study. Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts.
Book Description
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?
A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the "ruling" theory in Anglo-American law-legal positivism and economic utilitarianism and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.
Mr. Dworkin criticizes in detail the legal positivists' theory of legal rights, particularly H. L. A. Hart's well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of Rawls's theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even pre-empt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.
Ronald Dworkin's theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Customer Reviews:
Absolute Classic.......2006-07-29
Things are quite simple. If there is A contemporary debate in jurisprudence, it is the so-called Hart/Dworkin debate. It all starts with this wonderful book that cuts deeply and challenges the theory of legal positivism on many levels. As for the theory of rights, Dworkin is a proponent of one of the most coherent, interesting and complex articulations of liberalism. In short: to the extent that fundamental rights are in play, the "political majority" (if such a thing exists) does not have the moral right to tell members of the minority what to do with their own lives. Is not this a simple but powerful moral truth?
Tyranny of a minority.......2003-02-17
Dworkin's thesis is that a tyranny of a minority is better than a tyranny of the majority. His argument is based on rigorous logic. But Justice Holmes observed that, "The life of the law has not been logic, it has been experience." Dworkin's theory is similar to those of Plato and Marx. But experience with the latters' theories has been negative. For an analysis of that experience, read Kark Popper's The Open Society and Its Enemies.
His Logic is Flawless.......2002-11-25
... and this is a welcome breeze in the current political fog of an America drowning in six-shooters and visceral-response-teams. The Dworkin-challenge before us is the discovery of rights as emanating from the individual, and their use in daily life. This is where Dworkin may break down. Unlike Dershowitz's "Shouting Fire", for example, Dworkin does not write as if there is a human behind the logic who is actually extolling our necessary freedoms. Perhaps it is just me, but I'd like to hold on to and celebrate my rights and yours; I'd also like to affect change-- as would Dworkin, on a global scale. Though he sees humanity's natural path to decency, his writing "feels" far too cold to be effective.
Dworkin is provocative, complex and though-full. This work shifts between levels of abstraction and works toward grand theories of natural-law that will flip less talented contemporaries on their collective heads. Because our job as citizens includes the requirement that we think (far beyond our childhood systems of ordering the world), "Taking Rights Seriously" should indeed be taken to heart and mind. My instinct is to suggest that one supplement Dworkin with John S. Mill and Dershowitz. With a nod to Dworkin, I "think" the latter suggestion is well-reasoned.
misleading title.......2001-12-25
I have only read the first two chapters so far but mostly it is an attempt to discredit Justice John Marshall and his judicial review or judicial activism to cultivate individual rights or protect the common man from an abusive govt and the rich who have bought local and national politicians, with some nonsense about the priority of community or majority rules and principles. How dare the common man protest abuse by the majority!!! So much for freedom and the Bill of Rights. There is some suggestion that may redeem from the prospective that there maybe a better way to challenge injustice of the majority than use of judicial activism, but I haven't got that far yet.
A Clear Window on Rights.......2000-07-31
It is a brave author that attempts a new perspective on a topic that has been fodder for politicians and philosophers for thousands of years. Dworkin clears out the old cobwebs and provides insights and new perspectives for the 21st century. It is a must read for anyone serious about our dwindling rights in today's modern society. Well written, not an academic sleeping pill.
Book Description
The text is designed to both serve as a self-contained introduction to the international law of human rights and to complement other course materials by providing the reader with a concise overview of human rights norms and the institutional context within which they evolve. The text has grown significantly in size, however, to take account many new developments in the field. It provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.
Customer Reviews:
Nutshell Series: International Human Rights.......2007-09-26
This is a good general overview of international organizations created to protect human rights. It's a great starting point if you know nothing and need some direction. Two issues: 1) the book needs to be updated to reflect recent changes in the United Nations organization, and 2) there are so many citations to other references that it is a difficult read.
An excellent introduction.......2006-07-09
An excellent introduction to International Human Rights. I enjoyed the extensive bibliography and the objectivity (not neutrality) of the author's commentaries.
all bark no bite.......2005-02-23
This book describes in great detail the instruments that exist to codify and protect human rights but which illustrates all too clearly the problem of inadequate enforcement instruments and procedures. The "law" empowers the UN or other bodies to "do a study" on complaints of non-compliance or violations. The creation of so many of these tools has been so politicized as to make many functions of the laws and treaties virtually useless and sometimes, apparently, contradictory (or at least open to debate and interpretation). What good is a "thorough study"? With no teeth, no authority and a backdrop of outside interfering factors (economic and political especially), these "norms" might be interpreted as existing in name only. In a section on gross violations of human rights and the UN Charter, one reads, "The required magnitude of the concept of `massive' or `gross' violations may also gradually require a lower threshold of severity as the international community becomes less tolerant of what is lawful behavior under the Charter. Viewed in this light, the human rights provisions of the Charter are `elastic clauses' whose expansion is tied to the evolving standards of international legality and decency."
It is interesting to note that there are so many different systems for presumably one basic set of human rights and principles, though again this makes sense because each nation (politicized again) has its own principles and interpretations of what is a "right". For example, European countries refuse to extradite criminals to the United States if a criminal will face the death penalty. I would also not have imagined the very extensive provisions of the African Charter on Human Rights. It differs markedly from European and American conventions and is more extensive-proclaiming not only rights but also duties. Interestingly but perhaps not as surprisingly it provides the ability for States Parties to restrict and limit the rights it proclaims at will/liberally.
Overall this is an excellent overview and convenient presentation on the subject matter, with an extensive array of information and a source for finding more in-depth information for further reading/study/examination.
In depth but HORRIBLE to read.......2004-08-02
International Human Rights in a Nutshell does one thing correctly: It spells out the law in clear, black and white language on human rights and some of the formations of the UN, EU, American System, and African States. On the other hand it is EXTREMELY hard to read as a book because all of the citations are put right in the middle of the reading; as such it doesn't flow at all. It still remains a very definitive reference that any scholar on human rights should have.
Average customer rating:
- A clear and insightful approach to Human Rights law
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The Handbook of Human Rights Law: An Accessible Approach to the Issues and Principles
Michael Arnheim
Manufacturer: Kogan Page
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* Looks at the intersection of law and human resources in the context of UK and European legislation
Customer Reviews:
A clear and insightful approach to Human Rights law.......2004-05-26
This book is written with clarity in mind. The reader will find answers to distinct questions making it an insightful read not only to practitioners but also those who have an interest in some of the most hotly debated issues in Human Rights Law.
Added value can be found in the chapters on how to bring and defend a human rights claim and winning tactics and case stratgies.
Topics covered include
-How to interpret human rights law.
-Is privacy now protected?
-Do you have the right to kill a burglar in self-defence?
-Are transsexuals' rights now recognised by law?
-Do asylum seekers have the right to be supported at public expense?
-Does the state have a positive duty to protect or preserve life?
-Are property rights covered by human rights law?
-Does the Human Rights Act make it more or less likely that a trial will be fair?
-Is there genuine protection for the individual's freedom of speech?
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The New International Directory of Legal Aid (Nijhoff Law Specials, 51.)
Manufacturer: Springer
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ASIN: 9041117180 |
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This book is a worldwide survey of legal aid containing more than seventy responses from ministries of justice, attorney generals, law societies, bar councils and individual lawyers to a detailed questionnaire. The results, set out here in summary form, are probably the most complete survey of its kind since the Lane and Hillyard edition of the Directory in 1985. The Editor of The New International Directory of Legal Aid, former legal aid solicitor Peter Soar, says: `In preparing this new edition I have learnt from previous users that the Directory is a valuable aid for Legal Aid Boards and law schools as well as individual lawyers.' In these pages you will find the ground work of legal aid systems in some of the most diverse legal jurisdictions from the Common Law countries of England and the Commonwealth to those which employ the approach of the Napoleonic Code. Here are systems adapted to the needs of the inhabitants of Caribbean islands, central European and Baltic states, emerging African peoples, the successors to ancient Indian empires, and countries of the Pacific Rim. The different forms of legal aid are of interest to practitioners and academics but the claims of the book go further than that. Just and fair societies depend on the maintenance of the rule of law. If the legal system, and in the last resort, the courts themselves are not within the reach of all citizens then talk of their rights is empty. If poor, weak, or powerless members of society are denied access to the courts because of lack of means, or if that access depends on the willingness of some lawyers to undertake cases pro bono, it is difficult to argue that in that state human rights are any more than forms rather than reality. If lawyers themselves exchange their independence for involvement in the very process of litigation (so-called `no win, no fee'), can it be said that freedom is not compromised? Here the reader can judge what in his or her opinion is the standing in these debates of each of the jurisdictions surveyed, with the help of editorial comments and the Editor's Introduction.
Book Description
In these two important lectures, distinguished political philosopher Seyla Benhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice--norms which are difficult for some to accept as legitimate since they are sometimes in conflict with democratic ideals. In her first lecture, Benhabib argues that this tension can never be fully resolved, but it can be mitigated through the renegotiation of the dual commitments to human rights and sovereign self-determination. Her second lecture develops this idea in detail, with special reference to recent developments in Europe (for example, the banning of Muslim head scarves in France). The EU has seen the replacement of the traditional unitary model of citizenship with a new model that disaggregates the components of traditional citizenship, making it possible to be a citizen of multiple entities at the same time. The volume also contains a substantive introduction by Robert Post, the volume editor, and contributions by Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia School of Law).
Book Description
The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.
Book Description
Praise for the first edition-
"Every once in a while a book appears that treats the leading issues of a subject in such a clear and challenging manner that it becomes central to understanding that subject. Universal Human Rights in Theory and Practice is just such a book. . . . Donnelly's interpretations are clear and argued with zest."-American Political Science Review
"This wide-ranging book looks at all aspects of human rights, drawing upon political theory, sociology, and international relations as well as international law. . . . [Jack Donnelly] deals successfully with two of the principal challenges to the notion of the universality of human rights: the argument that some non-Western societies are not subject to Western norms, and the claim that economic development may require the sacrifice of some human rights."-Foreign Affairs
In a thoroughly revised edition of Universal Human Rights in Theory and Practice (more than half of the material is new), Jack Donnelly elaborates a theory of human rights, addresses arguments of cultural relativism, and explores the efficacy of bilateral and multilateral international action. Entirely new chapters address prominent post-Cold War issues including humanitarian intervention, democracy and human rights, "Asian values," group rights, and discrimination against sexual minorities.
Customer Reviews:
A Starter and a Reference.......2007-01-11
In a sense, this book is so good it doesn't need a review. Almost everyone knows that the Donnelly book is the standard and most readable text on human rights theory. It is a good starter book for the beginner. You'll learn something new on every page. My copy is full of irresistable, self-made underlines, markings, and comments in the margins. It's also a good reference book, one that you'll return to time and time again. Donnelly's method of abbreviation, for example, is standard for the main UN proclamation and two binding covenants (treaties): (U for UDHR; E for CESCR; and C for CCPR). The book differentiates between regimes that exist for declaratory or promotional purposes and those which are involved in implementation of policy or monitoring and enforcement, and Donnelly pulls no punches when pointing out that some state reports in response to Protocol complaints are nothing more than farces. It is found, for example, that there is little reason why the Arab League and various Third Way movements should even be considered human rights organizations. Here are some of the international human rights discussed in this book: Nondiscrimination, Life, Liberty, security of person, Protection against slavery,Protection against torture, Legal personality, Equal protection of the law, Legal remedy, Protection against arbitrary arrest, detention, or exile, Access to independent and impartial tribunal, Presumption of innocence, Protection against ex post facto law, Privacy, Freedom of Movement, Nationality, Marry and found a family, Protection and assistance of families, Marriage only with free consent, Equal rights in marriage, Freedom of thought, conscience, and religion, Freedom of opinion and expression, Freedom of assembly, Freedom of association, Participation in government, Social security, Work, Just and favorable conditions of work, Trade unions, Rest and leisure, Adequate standard of living, Education, Participation in cultural life, Self-determination, Protection of and assistance to children, Freedom from hunger, Health, Asylum, Property, Compulsory primary education, Humane treatment when deprived of liberty, Protection against imprisonment for debt, Expulsion of aliens only by law, Prohibition of war propaganda, Minority culture.
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The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence
Nihal Jayawickrama
Manufacturer: Cambridge University Press
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The original human rights concepts articulated in the 1948 Universal Declaration have evolved considerably. Nihal Jayawickrama encapsulates the judicial interpretation of human rights law from all available sources in one comprehensive volume, covering superior court case law of over fifty-five countries, the jurisprudence of the U.N. Human Rights monitoring bodies, the European Court of Human Rights, and the Inter-American system. This definitive compendium will be essential for legal practitioners, government and non-governmental officials, and academics and students of constitutional law and the international law of human rights.
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La Securite Alimentaire (Recueil des Cours - Colloques) (Recueil Des Cours - Colloques/Workshops/ Law Books of the Academy)
Manufacturer: Brill Academic Pub
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The international community today confronts a dramatic paradox: we continue to produce more and more food, yet malnutrition, hunger and famine continue and even increase, placing millions of people in peril. At the same time, the more food is produced, the more risks of unsafe food are increasingly apparent and call to be addressed, partly through law.
We hope that this work may contribute to fill a major gap in the field: although food security constitutes a serious challenge on the world scale, one with many consequences, it has so far hardly been a subject of serious attention by scholars and researchers specialized in international law.
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- Customary International Humanitarian Law Boxed Set of 3 Hardback Books
- Daddy's Girl
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- Doing Justice: Congregations and Community Organizing
- Encyclopedia of Forensic Sciences (3-Volume Set with Online Version)
- Essential Windows Workflow Foundation (Microsoft .NET Development Series)
- Ethical Dilemmas and Decisions in Criminal Justice (Ethics in Crime and Justice)
- Feminism Unmodified: Discourses on Life and Law
- Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration
- Fundamentals of Acoustics
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