Human Dignity and Law

Human Dignity and Law

Author: Stephen Riley

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781138287587

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This book 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.


Human Dignity, Human Rights, and Responsibility

Human Dignity, Human Rights, and Responsibility

Author: Yechiel Michael Barilan

Publisher: MIT Press

Published: 2012-09-14

Total Pages: 367

ISBN-13: 0262304880

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A novel and multidisciplinary exposition and theorization of human dignity and rights, brought to bear on current issues in bioethics and biolaw. “Human dignity” has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term—like love, hope, and justice—that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law.


Lawyers and Justice

Lawyers and Justice

Author: David Luban

Publisher: Princeton University Press

Published: 2018-06-05

Total Pages: 471

ISBN-13: 069118755X

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The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.


The Cambridge Handbook of Human Dignity

The Cambridge Handbook of Human Dignity

Author: Marcus Düwell

Publisher: Cambridge University Press

Published: 2014-04-10

Total Pages: 1130

ISBN-13: 1107782406

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This introduction to human dignity explores the history of the notion from antiquity to the nineteenth century, and the way in which dignity is conceptualised in non-Western contexts. Building on this, it addresses a range of systematic conceptualisations, considers the theoretical and legal conditions for human dignity as a useful notion and analyses a number of philosophical and conceptual approaches to dignity. Finally, the book introduces current debates, paying particular attention to the legal implementation, human rights, justice and conflicts, medicine and bioethics, and provides an explicit systematic framework for discussing human dignity. Adopting a wide range of perspectives and taking into account numerous cultures and contexts, this handbook is a valuable resource for students, scholars and professionals working in philosophy, law, history and theology.


The Human Dignity of Clients

The Human Dignity of Clients

Author: Katherine R. Kruse

Publisher:

Published: 2008

Total Pages: 22

ISBN-13:

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This essay reviews David Luban's forthcoming book, Legal Ethics and Human Dignity. At the heart of this new book is an argument that interactions between lawyers and clients ought to be at the center of jurisprudential inquiry. Pointing out that most cases do not go to trial and that much transactional work occurs outside the litigation context, he argues that law's defining moments occur when a quot;client sketches out a problem and a lawyer tenders advice,quot; rather than when a judge decides a litigant's case. This review essay examines how Luban might elaborate a new quot;jurisprudence of lawyeringquot; by examining the unresolved tension that has always existed between the strong deference to client values in his writing on lawyer paternalism and the quot;moral activistquot; vision of lawyering that he has proposed in response to the problem of overzealous partisanship. The human dignity framework he introduces in this volume holds out the promise of integrating respect for client values with attention to the public good. However, I argue, to fulfill this promise would require Luban to move away from the perspective of lawyers as quot;lawmakersquot; that he highlights as a jurisprudence of lawyering and contemplate the value and legitimacy of lawyers' partisan interpretation of the law in transactional as well as litigation settings.


Dignity, Rank, and Rights

Dignity, Rank, and Rights

Author: Jeremy Waldron

Publisher: Oxford University Press on Demand

Published: 2012-11-29

Total Pages: 164

ISBN-13: 0199915431

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"Delivered as a Tanner lecture on human values at the University of California, Berkeley, April 21, 2009 and April 22, 2009"--T.p. verso.


Human Dignity and Bioethics

Human Dignity and Bioethics

Author:

Publisher: U.S. Independent Agencies and Commissions

Published: 2008

Total Pages: 588

ISBN-13:

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Contains a collection of essays exploring human dignity and bioethics, a concept crucial to today's discourse in law and ethics in general and in bioethics in particular.


Human Dignity and International Law

Human Dignity and International Law

Author: Andrea Gattini

Publisher: BRILL

Published: 2020-12-15

Total Pages: 232

ISBN-13: 9004435654

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This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.


Perspectives on Human Dignity: A Conversation

Perspectives on Human Dignity: A Conversation

Author: Jeff Malpas

Publisher: Springer Science & Business Media

Published: 2007-10-06

Total Pages: 237

ISBN-13: 1402062818

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The idea of human dignity is central to any reflection on the nature of human worth. However, the idea is a complex one that also takes on many different forms. This unique collection explores the idea of human dignity as it arises within these many different domains, opening up the possibility of a multidisciplinary conversation that illuminates the concept itself. The book includes essays by leading Australian and International figures.