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Reasoning Rights: Comparative Judicial Engagement

Reasoning Rights: Comparative Judicial Engagement

作者： Liora Lazarus; Christopher McCrudden; Nigel Bowles
出版商： Hart Publishing
ISBN: 9781509908431
出版时间 July 2016
规格： Paperback , 432 pages
适应领域： U.K. ? 免责申明：
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This book is about comparative reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such dramatically different ways? What is the shape of this reasoning; what techniques are common across the transnational jurisprudence; and what are diverse?

The book, comprised of contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which too often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence in the content of reasons being developed by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional issues, cannot be attributable to them alone.This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Liora Lazarus is a Fellow in Law and University Lecturer in Law at St Anne's College, University of Oxford. Christopher McCrudden is Professor of Equality and Human Rights Law, Queen's University Belfast; William W Cook Global Professor of Law at University of Michigan Law School; and a member of Blackstone Chambers. Nigel Bowles is Director of the Rothermere American Institute at the University of Oxford.

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