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Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.
Human dignity recognizes and reflects the equal worth of each and every member of the human family, regardless of gender, race, social or political status, talents, merit, or any other differentiator. But it is also right that can be claimed, an interest that can be protected, like liberty or equality or shelter or free speech. It is now recognized in more than 150 of the world's constitutions from all regions of the world. Also, increasingly, courts around the globe are recognizing the right to dignity and applying it against governments and others to ensure that the dignity of all is respected. This unique book aims to provide an introduction to dignity rights, including what they are (or are not), how they are embodied constitutionally around the globe, and how courts interpret and apply them (or don't). This book includes selected texts showing constitutionally embedded dignity rights around the globe, an overview which maps dignity law, and units on introduction to dignity law; dignity and identity; living with dignity; protecting the dignity of people with particular vulnerabilities; and participatory dignity, along with a conclusion and index.--Publisher.
In recent years, there has been an explosion of writing on the topic of human dignity across a plethora of different academic disciplines. Despite this explosion of interest, there is one group – critical legal scholars – that has devoted little if any attention to human dignity. This book argues that these scholars should attend to human dignity, a concept rich enough to support a whole range of progressive ambitions, particularly in the field of international law. It synthesizes certain liberal arguments about the good of self-authorship with the critical legal philosophy of Roberto Unger and the capabilities approach to agency of Amartya Sen, to formulate a unique conception of human dignity. The author argues how human dignity flows from an individual’s capacity for self-authorship as defined by the set of expressive capabilities s/he possesses, and the book demonstrates how this conception can enrich our understanding of international human rights law by making the amplification of human dignity its fundamental orientation.
A wide-ranging collection of essays from a leading scholar of legal ethics.
The notion of human dignity is frequently, yet enigmatically, invoked in legal and political debates on sex work, where many people use it without much elaboration on exactly what they mean by it. Sex Work and Human Dignity: Law, Politics and Discourse sheds light on this enigma, by exploring how dignity-based discourses are used by those who write and talk about prostitution and also what role these discourses may play in shaping wider cultural understandings of sex work and sex workers. The book draws on political discourse theory and is international in its scope, with analysis of legal cases, textual sources, and empirical data gathered through interviews with activists from several different countries in the Global North and South. The book traces how the concept of dignity is used in a range of legal and political discourses on sex work and ultimately asks to what extent dignity-based discourses help to advance, or hinder, sex workers’ social inclusion. This book will appeal to students and researchers interested in sex work and feminism, as well as those who study human dignity. Its interdisciplinary nature means it will appeal to those working in a range of disciplines, including law, sociology, philosophy, and political theory.
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
This book provides a comprehensive and contemporary examination of the right-to-die issues facing society now that vast improvements in public health care and medicine have resulted in people not only living longer but taking much longer to die—often in great pain and suffering. In 1900, the average age at which people died in America was 47 years of age; the primary causes of death were tuberculosis and other respiratory illnesses. In the 21st century, as a result of better health care and working conditions as well as advances in medical technology, we live much longer—as of 2016, about 80 years. A much larger proportion of Americans now die from chronic diseases that generally appear at an advanced age, such as heart disease, cancer, or chronic obstructive pulmonary disease (COPD). Should this fundamental change in human lifespan alter how society and government view right-to-die legislation? What are the pros and cons of giving a mentally competent person who is terminally ill and in great pain the right to end his or her life? The Right to Die: A Reference Handbook provides a complete examination of right-to-die issues in the United States that dissects the complex arguments for and against a person's liberty to receive a physician's assistance to hasten death. It covers the legal aspects and the politics of the right-to-die controversy, analyzes the battles over the right to die in state and federal courts, and supplies primary source documents that illustrate the political, medical, legal, religious, and ethical landscape of the right to die. Additionally, the book examines how members of our society typically die has changed in the past 150 years and how the practice of medicine has evolved over that time; explains why the right to die is strongly opposed by many religious groups as well as members of the medical profession; considers the "slippery slope" argument against doctor-assisted suicide; and identifies the reasons that the disabled, the poor, the elderly and infirm, and some members of ethnic, racial, and religious minority groups typically fear physician-assisted death.
This volume brings together leading theologians, biblical scholars, scientists, philosophers, ethicists, and others to explore the multidimensionality and depth of the human person. Moving away from dualistic (mind-body, spirit-flesh, naturalmental) anthropologies, the book's contributors examine human personhood in terms of a complex flesh-body-mind-heart-soul-conscience-reason-spirit spectrum. The Depth of the Human Person begins with a provocative essay on the question "Why is personhood conceptually difficult?" It then rises to the challenge of relating theological contributions on the subject to various scientific explorations. Finally, the book turns to contemporary theological-ethical challenges, discussing such subjects as human dignity, embodiment, gender stereotypes, and human personhood at the edges of life. Contributors: Maria Antonaccio Warren S. Brown Philip Clayton Volker Henning Drecoll Markus Hfner Origen V. Jathanna Malcolm Jeeves Isolde Karle Eiichi Katayanagi Andreas Kemmerling Stephan Kirste Bernd Oberdorfer John C. Polkinghorne Jeffrey P. Schloss Andreas Schle William Schweiker Gerd Theissen Gnter Thomas Frank Vogelsang Michael Welker
Dying is not a right. Government has seized the opportunity to intervene in peoples’ lives when end of life issues arise. Without a clearly written statement of medical directives the health system is forced to turn to blind courts and aggressive prosecutors to guide them. In this book are a series of cases confronting those in the last days of their lives. Many of these patients made national headlines in their fight to die with dignity. In one specific case a State forced a hospital to keep a brain dead individual alive indefinitely. Doctor Mark Davis has had the privilege of working with several hundred individuals at the most sensitive times in their lives. He brings experienced insights to a subject quietly discussed in the shadows of our society. This book displays many paths to avoid government’s intrusive hand allowing outcomes that otherwise would have been made by bureaucrats.
Are you alive? Most people believe this question has a clear answer - that some law defines our status as living (or not) for all purposes. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.