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Rights as Security: The Theoretical Basis of Security of Person

Rights as Security: The Theoretical Basis of Security of Person

作者： Rhonda Powell
出版商： Oxford University Press
ISBN: 9780199589111
出版时间 February 2019
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

AU$249.38

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描述
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详细

The right to security of person is widely recognized but little understood. Courts, legislatures, and scholars disagree about how the right to security of person should be defined.

This book investigates the meaning of the right to security of person through an analysis of its constituent parts. Applying an original conceptual analysis of 'security', the right to security of person imposes both positive and negative duties.

Also, identifying the interests to be protected by the right requires a theory of personhood or wellbeing such as Amartya Sen and Martha Nussbaum's 'capabilities approach'. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights.

In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.
Introduction: The right to security of person
1: The legal right to security of person
2: Attempts to define security
3: The relational concept of security
4: Securing the person
5: The interests protected by the right to security of person
6: Negative and positive security of person
7: Rights as security

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