Suchergebnisse

The present paper deals with the theoretical question of how can be warranted unity of legal system in the perspective of building up a new legal order of the BRICS. The author draws on the contemporary theories considering various aspects of explanation and construction of law as of alogically united system. Among such aspects are logical unity of legal propositions, epistemological unity of the phenomena unified under the term 'law,' factual unity of societal regulation, axiological unity of ahierarchy of legal values, procedural unity of legal reasoning, synergetic unison. It is asserted that the idea of unity of law is not something conceptually monolithic and allows for different readings, none of which can claim to be exhaustive. The author suggests that the BRICS does not need follow the track of systematization of the legislation of the Member States and that creating agglomerations of legal texts from different legal orders of the Member States is an issue not for politician but rather for legal scholars who can construct and reconstruct legal texts, jointing and disjointing them in the view of practical needs of amelioration of legal technique.

Introduction : human dignity in adjudication / Brett G. Scharffs, Andrea Pin and Dmytro Vovk -- The rule of law sets its face against humiliation / Paul Gowder -- Dignity-continuation of a dialogue / Neville G. Rochow and Hans-Joachim Cremer -- Dignity plus : dignity proper and dignity plus : on the uses of dignity in German constitutional jurisprudence / Justin Collings -- Dignity, sexuality, and moral order in legal and judicial debate / Zachary R. Calo -- Supranational dignity : the Court of Justice of the European Union's conceptualization of a legal value / Andrea Pin -- A multi-approach to human dignity in the European Court of Human Rights / Eugenia Relaño Pastor -- Acknowledging persons and communities of infinite worth : the concept of dignity in the jurisprudence of the South African Constitutional Court / Christine M. Venter -- Human dignity as a constitutional value : the viewpoint of Polish courts / Piotr Szymaniec -- Deliberations on dignity : Irish case law concerning medical interventions and freedom of religion, belief, and conscience / Michelle Flynn -- Religious perspective of human dignity in Israeli case law / Haim Shapira -- Human (personal) dignity as an argumentation tool of the Russian constitutional court / Mikhail Antonov -- The judicial use of human dignity in social rights issues : a European perspective / Giorgio Repetto -- Dignity as a shield : the putative dignitarian discourse on protecting migrant domestic workers in Singapore / Eugene Kheng Boon Tan -- Concluding remarks / Brett G. Scharffs, Andrea Pin, and Dmytro Vovk.