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Human dignity and law: legal and philosophical investigations

By: Riley, Stephen.
Material type: materialTypeLabelBookPublisher: London Routledge 2018Description: xvi, 216 p. Includes bibliographical references and index.ISBN: 9780367885854.Subject(s): Law - Constitutional | Ethics & moral philosophy | Law - PhilosophyDDC classification: 340.11 Summary: This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance.  The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm. The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law. The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design. https://www.routledge.com/Human-Dignity-and-Law-Legal-and-Philosophical-Investigations-1st-Edition/Riley/p/book/9780367885854
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Table of contents

PART I
1.Human dignity and law
Introduction
1.1.Three jurisprudential problems
1.2.Three jurisprudential questions
1.3.Dignitarian principles
1.4.A general jurisprudence of human dignity
1.5.Between justice and virtue
1.6.Directions and desiderata
2.Human dignity as status
2.1.The normative core of human dignity
2.2.Human dignity as status
2.3.Juridical necessity
2.4.The normative implications of human dignity
2.5.Human rights
2.6.Status and value
3.Human dignity, justice, and institutions
3.1.The institutional implications of human dignity
3.2.The limits of justice
3.3.The human condition
3.4.Democratic institutions
3.5.The morality of governance
3.6.Moral cosmopolitanism
PART II
4.International law
4.1.The contradictions of international law
4.2.Global constitutional principles
4.3.International human rights law
Contents note continued: 4.4.Warfare
4.5.Humanitarian intervention
4.6.International criminal justice
5.Transnational law
5.1.Defining transnational law
5.2.Lex mercatoria
5.3.Human rights and globalisation
5.4.Social and economic rights
5.5.Constitutionalising Europe
5.6.Subsidiarity
6.Public law
6.1.The responsibilities of the state
6.2.The rule of law and public reason
6.3.The public-private divide
6.4.Criminal law
6.5.Criminal justice
6.6.Punishment

This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance.  The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm.

The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law.

The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design.

https://www.routledge.com/Human-Dignity-and-Law-Legal-and-Philosophical-Investigations-1st-Edition/Riley/p/book/9780367885854

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