书目名称 | Philosophical Foundation of Human Rights |
编辑 | Paul Tiedemann |
视频video | |
概述 | Provides an introduction to the nature and ethical foundations of human rights.Offers an accessible overview that does not require a prior philosophical background.Includes brief information on histor |
丛书名称 | Springer Textbooks in Law |
图书封面 |  |
描述 | This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency..In the second edition, errors have been corrected in numerous places, the text has been made clearer and easier to understand. In addition, more recent human rights issues have been newly included, especially those related to the Corona epidemic and climate cha |
出版日期 | Textbook 2023Latest edition |
关键词 | Human rights; Human dignity; Ethical principles of law; Values; Protection of personhood; social contract |
版次 | 2 |
doi | https://doi.org/10.1007/978-3-031-32292-1 |
isbn_softcover | 978-3-031-32294-5 |
isbn_ebook | 978-3-031-32292-1Series ISSN 2509-999X Series E-ISSN 2510-0009 |
issn_series | 2509-999X |
copyright | Springer Nature Switzerland AG 2023 |