Tiedemann Philosophical Foundation of Human Rights

Erscheinungsjahr 2020
ISBN: 978-3-030-42262-2
Verlag: Springer International Publishing
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, 406 Seiten, eBook

Reihe: Springer Textbooks in Law

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.
The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.
Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.

Zielgruppe

Upper undergraduate

Autoren/Hrsg.

Tiedemann, Paul

Inhaltsverzeichnis

Introduction.- Utilitarian and Aristotelian Approach.- The Social Contract Approach.- The Human-Dignity-Approach.- The Human-Dignity-Principle I.- The Human-Dignity-Principle II.- From Human Dignity to Human Rights.- Human Rights concerning the Protection of Physical and Mental Integrity.- Rights under Detention.- Human Rights concerning the protection of Intellectual Integrity.- Human Right to Privacy.- Human Right to the Freedom of Conscience.- Human Right to Spiritual Freedom.- Human Right to Life.- Social Human Rights.- The Right to Asylum.- Fake Human Rights.- The Principle of Liberty.- The Principle of Equality.- Rights in Conflict.- Do you still remember – the answers.

Über Autor(innen)

Paul Tiedemann, Gießen University