The logic of constitutional rights

著者

書誌事項

The logic of constitutional rights

Eric Heinze

Ashgate, c2005

タイトル別名

Applied legal philosophy

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注記

Other title (series' title) from book jacket

Includes bibliographical references (p. [107]-109) and index

内容説明・目次

内容説明

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.

目次

  • Contents: Series preface
  • Introduction
  • Rights and restrictions
  • Agents
  • Harm
  • Consent
  • The background theories
  • Works cited
  • Index.

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