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Individual Duty within a Human Rights Discourse: Applied Legal Philosophy

Autor Douglas Hodgson
en Limba Engleză Hardback – 28 dec 2003
Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy, jurisprudence, religion, and ethics. The author attempts to demonstrate that a greater emphasis upon individual duties is consistent with a cultural relativist critique, natural law theory, the experience of national legal systems and regional human rights systems, certain socio-political philosophies and conventional sociological postulates, and the dictates of good public policy. The author urges the assignment of a greater, indeed revived, role for the principle of individual duty in order to achieve a more salutary balance between rights and duties and in the relationship between individual freedom and the welfare of the general community.
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Specificații

ISBN-13: 9780754623618
ISBN-10: 0754623610
Pagini: 296
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.71 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Applied Legal Philosophy

Locul publicării:Oxford, United Kingdom

Cuprins

Contents: Introduction; The historical development of the principle of duty and its contemporary philosophical sources; The taxonomy of duties; Religion, ethics and the principle of individual duty; Individual criminal responsibility under international law; The position of individual duty within the international and regional human rights system; Particular individual duties explicitly recognised under international and regional human rights law and by national law; Socialism and individual duty; Impoverished 'Rights Talk', the sociology of duty and the re-emergence of communitarianism; The enforcement of individual duties; Conclusion; Bibliography; Index; Tables.

Notă biografică

Douglas Hodgson is Senior Lecturer in Law at the University of Western Australia in Perth, Australia.

Recenzii

'This book is a must for anyone with an inquiring mind who is thinking about the law on human rights. It turns the usual debate on its head by concentrating on duties rather than rights, emphasising that individual duties and community-mindedness are essential complements to the existing legal mechanisms. The author draws on a fascinating variety of sources from a wide range of disciplines, including history, theology and philosophy. Clearly written, the work is learned and scholarly in showing that its central tenet is in fact familiar in many human organisations and thought systems.' Professor Evelyn Ellis, University of Birmingham, UK 'Hodgson presents his material clearly and purposefully and the book provides accessible reading: the argument is clear and well-signposted. It provides a very useful account for those seeking an overvies of this kind of critique of human rights law.' Australian Year Book of International Law

Descriere

The main purpose of this book is to examine the principle of individual duty from a number of different perspectives. National legal systems have recognised and enforced for a long time in their constitutions and ordinary legislation various duties which citizens owe to their own families, the communities in which they reside and their country. Such duties include the duty to pay taxes, the duty to provide maintenance and a basic education for one's children, the duty to undertake military service for a specified period and the duty to obey the constitution and other laws.