Logic of Liberal Rights

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A01=Eric Heinze
actor
Advanced Calculus
Author_Eric Heinze
background
Background Theories
Category=QDHR9
Category=QDTL
civil liberties analysis
Claimant Corollary
Claimant Position
consent
consent and harm doctrine
Contentious Character
Critical Realist Schools
Das Liebeskonzil
democratic principles
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
exercise
Exercise Set
formal structure of rights disputes
harm
Hr Ps
human rights philosophy
invalid
Invalid Consent
legal theory
Liberal Rights
non-personal
Non-personal Actor
normative jurisprudence
Opaque Contexts
Party Attributes
Past Tenses
Personal Actor
rC Ps
Respondent Position
Sadomasochistic Acts
set
Singular Agents
Substantive Determinacy
Substantive Indeterminacy
theories
unacceptable
Unacceptable Harm
Valid Consent
Volition Postulates

Product details

  • ISBN 9780415300568
  • Weight: 810g
  • Dimensions: 156 x 234mm
  • Publication Date: 19 Jun 2003
  • Publisher: Taylor & Francis Ltd
  • Publication City/Country: GB
  • Product Form: Hardback
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The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character.
This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.

Eric Heinze (JD, Harvard; PhD, Leiden) is Senior Lecturer in Law, University of London, Queen Mary. He has held fellowships from the Fulbright foundation and the French and German Governments. He teaches Legal Theory, Constitutional Law, Human Rights, and Public International Law. In addition to articles in those fields, his monographs include The Logic of Equality and Sexual Orientation: A Human Right.

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