Suchergebnisse

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

An astute challenge to dominant free speech theories, this book critiques US, European, and international rules on hate speech. In a highly original argument, the author identifies individual expression as more than just an individual right. He revisits the central role of public discourse as the crucial pillar of modern democracy.

Foreword-- Joel H. Rosenthal Justice, Sustainability, and Security: An Introduction-- Eric A. Heinze, University of Oklahoma PART I: JUSTICE 1. The Hardest Cases of Global Injustice: the Responsibility to Inquire-- Brooke Ackerly 2. Business and Human Rights: An Insider's Journey with BP and Beyond-- Christine Bader PART II: SUSTAINABILITY 3. Reflections on 'Actually Existing Sustainability'-- Timothy W. Luke 4. Beyond Durban: A New Agenda for Climate Ethics-- Andrew Light PART III: SECURITY 5. Moral Mission Accomplished? Assessing the Landmine Ban-- Adam Bower and Richard Price 6. The Insecurity of America: The Curious Case of Torture's Escalating Popularity-- Brent J. Steele Conclusion: Toward a Global Ethics for the 21st Century-- Eric A. Heinze

The Concept of Injustice challenges traditional Western justice theory.?Thinkers from Plato and Aristotle through to Kant, Hegel, Marx and Rawls have subordinated the idea of injustice to the idea of justice.? Misled by the word's etymology, political theorists have assumed injustice to be the sheer, logical opposite of justice.?Heinze summons ancient and early modern texts, philosophical and literary, with special attention to Shakespeare, to argue that injustice is not primarily the negation, failure or absence of justice.? It is the constant product of regimes and norms of justice.? Justi.

Intro -- Waging Humanitarian War -- Contents -- Preface and Acknowledgments -- Introduction:The Concept of Humanitarian Intervention -- 1. The Morality of Intervention in International Theory -- 2. The Consequentialist Ethics of Humanitarian Intervention -- 3. Humanitarian Interventionin International Law -- 4. Universal Jurisdiction as Normative Legal Grounding -- 5. Who Intervenes and Why it Matters:The Politics of Agency -- 6. Conclusion -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z.

This book is the first to examine sexual orientation from the viewpoint of international human rights law. It does not simply `create' a platform of rights and argue for their `introduction' in human rights law. Rather, it examines how extant international norms should be construed to include rights against discrimination on the basis of sexual orientation, including rights of privacy, equality, speech, expression, and association. It raises questions of cultural relativism, religious faith, social science, and legal theory. It will be of interest to international jurists, human rights organizations, gay rights organizations, constitutional scholars, and anyone interested in expanding the role of international human rights law as a formidable adversary of persecution and discrimination throughout the world