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612-822-4611
Philosophical Foundation of Human Rights

Philosophical Foundation of Human Rights

Hardcover

Series: Springer Textbooks in Law

PhilosophyGeneral Law

ISBN10: 3031322916
ISBN13: 9783031322914
Publisher: Springer
Published: Oct 7 2023
Pages: 418
Weight: 1.73
Height: 0.94 Width: 6.14 Depth: 9.21
Language: English
This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity -based on the Kantian distinction between price and dignity - can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of core and yard, and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.

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General Law