Human Dignity, Judicial Reasoning, and the Law

Comparative Perspectives on a Key Constitutional Concept

Brett G. Scharffs,Andrea Pin,Dmytro Vovk

• Éditeur: Routledge
• Année: 2024
• ISBN:
  9781040031155
• Édition: 1
• Sujet: Law
• Sous-sujet: Jurisprudence

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 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 the right 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 international law specialists. While 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.

Table des matières

• Cover
• Half Title
• Series
• Title
• Copyright
• Contents
• List of Contributors
• Acknowledgments
• 1 Introduction: Human Dignity in Adjudication
• Part I The Social Meaning, Legal Salience, and Role in Adjudication of Human Dignity
• Part II Human Dignity: International and Comparative Perspectives
• Part III Human Dignity, Religion, and Courts
• Part IV Human Dignity and Social Rights Protection
• Index