The Logic of Constitutional Rights
by
Eric Heinze
Book Details
Format
Paperback / Softback
Book Series
Applied Legal Philosophy
ISBN-10
1138258385
ISBN-13
9781138258389
Publisher
Taylor & Francis Ltd
Imprint
Routledge
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Sep 14th, 2017
Print length
122 Pages
Weight
453 grams
Ksh 8,800.00
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Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights.
Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world''s oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
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