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Lethal Force, the Right to Life and the ECHR: Narratives of Death and Democracy

Autor Dr Stephen Skinner
en Limba Engleză Hardback – 21 aug 2019
In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law's narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society's foundational distinction between acceptable force and unacceptable violence, and indicate democratic society's essential attributes as a restrained, responsible and reflective system.
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Specificații

ISBN-13: 9781849464062
ISBN-10: 1849464065
Pagini: 224
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.5 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Examines the way in which Article 2 of the European Convention on Human Rights can foster democratic identity and elucidate its defining distinction between force and violence

Notă biografică

Stephen Skinner is Associate Professor of Comparative Legal History and Human Rights at the University of Exeter.

Cuprins

1. Introduction: From Death to Democracy 2. Narrative and Human Rights Law 3. Lethal Force, the Right to Life and Democratic Society: Key Connections 4. Substantive Dimensions of the Right to Life and Democratic Society 5. Procedural Dimensions of the Right to Life and Democratic Society 6. Purposes and Values in Right to Life Case Law on Lethal Force 7. Narratives of Death and Democracy 8. Conclusion