The quest for rights: ideal and normative dimensions

"In an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union...

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Bibliographic Details
Other Authors: La Torre, Massimo (Editor) , Niglia, Leone (Editor) , Susi, Mart (Editor)
Format: Edited Volume
Language:English
Published: Cheltenham, UK Northampton, MA, USA Edward Elgar Publishing [2019]
Volumes / Articles: Show Volumes / Articles.
DOI:10.4337/9781788971775
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Online Access:Verlag, lizenzpflichtig, Volltext: https://doi.org/10.4337/9781788971775
Verlag, lizenzpflichtig: https://www.elgaronline.com/view/edcoll/9781788971768/9781788971768.xml
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Author Notes:Edited by Massimo La Torre (Magna Græcia University, Italy), Leone Niglia (University of Madrid, Spain) and Mart Susi (school of governance, law and society, Tallinn University, Estonia)
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Summary:"In an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law. What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both "ideal" and "critical" perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding 'normative' perspective seeks to investigate the broader legal domains of the topic. This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike"--
Item Description:The online content platform for Edward Elgar Publishing
Physical Description:Online Resource
Production Credits:This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?
ISBN:9781788971775
DOI:10.4337/9781788971775