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Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

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Genre: Law
Author: Ronald Dworkin
Publisher: OUP Oxford
Release: 1999
File: 427 Pages
ISBN-13: 9780198265573

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The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important.

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Genre: Law
Author: Dirk Ehlers
Publisher: Walter de Gruyter
Release: 2007-01-01
File: 644 Pages
ISBN-13: 9783110971965

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We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want. John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships. This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions. The author's keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.

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Genre: Law
Author: John H. Garvey
Publisher: Harvard University Press
Release: 1996
File: 312 Pages
ISBN-13: 067431929X

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Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

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Genre: Law
Author: Richard Moon
Publisher: University of Toronto Press
Release: 2000-01-01
File: 312 Pages
ISBN-13: 0802078362

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This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. For courses in constitutional law. Introduces the core principles of constitutional law in relevant and readable style using real world scenarios and contemporary topics to bring the constitution alive for today’s student! Relevant and readable, this Third Edition of Constitutional Law: Governmental Powers and Individual Freedoms remains the most up-to-date constitutional law textbook on the market. The text introduces readers to the core principles, cases, and doctrines surrounding the major issues of constitutional law, with an emphasis on governmental powers and civil liberties. Considering real-world cases and contemporary legal scenarios, along with ample visual aids, the text brings the constitution alive, making constitutional law seem relevant rather than remote and theoretical. Modern challenges, cases outside of the Supreme Court, and historical context are also considered, and the Third Edition has been updated with dozens of new cases and contemporary topics.

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Genre: Law
Author: Daniel E. Hall
Publisher: Pearson
Release: 2016-02-15
File: 648 Pages
ISBN-13: 9780133767926

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This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.

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Genre: Political Science
Author: Dr Myriam Hunter-Henin
Publisher: Ashgate Publishing, Ltd.
Release: 2013-02-28
File: 410 Pages
ISBN-13: 9781409497912

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The Human Rights Act 1998 has possibly had the biggest impact on the Scottish legal system, other than the Scotland Act itself, in recent history. This text contains an annotated copy of the Act

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Genre: Human rights
Author: Alastair N. Brown
Publisher:
Release: 2003
File: 146 Pages
ISBN-13: UOM:39015057613245

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Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were 'open' or 'closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.

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Genre: Law
Author: Donald R. Rothwell
Publisher: Martinus Nijhoff Publishers
Release: 2000-11-14
File: 359 Pages
ISBN-13: 9041114998

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Genre:
Author: Evangelical Alliance
Publisher: Lulu.com
Release:
File: Pages
ISBN-13: 9781326773120

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BOOK EXCERPT:

This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.

Product Details :

Genre: Political Science
Author: Dr Myriam Hunter-Henin
Publisher: Ashgate Publishing, Ltd.
Release: 2013-02-28
File: 410 Pages
ISBN-13: 9781409497912

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