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Abstract
"This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and internal law specialists. Whilst being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion"--
This book tracks the increasing use of the concept of human dignity in national and international courts. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases, from the right to life or to integrity or anti-discrimination, with judges understanding, interpreting, and applying human dignity differently.
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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.
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