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Human Dignity and the Autonomy of Law


ISBN13: 9783031148231
Published: December 2022
Publisher: Springer International
Country of Publication: Switzerland
Format: Hardback
Price: £129.99



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This book intertwines two major themes in contemporary legal theory - the concepts of human dignity and the problem of the autonomy and limits of the law - while also addressing two other key aspects - the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law's aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive "bio-ethical" issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

Subjects:
Jurisprudence
Contents:
Dignity / Autonomy of the Law / Human Rights / Comparable Personal Autonomies: Introducing an Indispensable Generating Series (and its Productive "Phantoms")
Part 1: Exploring the "Conceptual Bonds" between Human Rights and Human Dignity
From Human Rights to Human Dignity and vice versa
Models of Consensus and Compromise on Human Rights and Dignity
The Foundation of Human Rights, Dignity or Autonomy?
Part 2: Exploring the Problem of The Autonomy of Law in the Trends of Contemporary Legal Discourse(s)
Hart, Raz and Kelsen on the Puzzle of Law's Autonomy
Constructivist Metaphors and Laws Autonomy in Legal Post-Positivism
Part 3: Intertwining the Claim to Autonomy and the Concept of Human Dignity
Merit, Value and Justification: Human Dignity vis-a-vis Legal (Inter)subjectivity - The Autonomy of Subjects Within the Autonomy of Law
Between Principles and Rules. An itinerary around Law's Morality and Human Dignity
The Legal Meaning of Human Dignity: Respect for Autonomy and Concern for Vulnerability
Part 4: Dialogues with Emmanuel Levinas
The Double Sense of the Law-Dignity Relationship in Emmanuel Levinas
Human Rights, Rights of The Other, and Preventive Peace. A Levinasian perspective
Part 5: Dialogues with Jeremy Waldron
No Argument: Human Dignity and The Making of Legislation
Is dignity a noncontingent autonomously juridical "idea"? A conversation piece with Jeremy Waldron
Part 6: Exploring Human Dignity in the Boundaries of Law
Does Dignity Promote Law's Autonomy or Undermine It? The Israeli Controversy
Images and Counter-images of humanitas: A Jusaesthetic Approach to the Problem of Law's Normative Validity: Beyond the Blindness-and-Sightedness Polarity