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Rights as Security: The Theoretical Basis of Security of Person

Autor Rhonda Powell
en Limba Engleză Hardback – 28 feb 2019
The right to security of person is widely recognized but little understood. Courts, legislatures, and scholars disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts. Applying an original conceptual analysis of 'security', the right to security of person imposes both positive and negative duties. Also, identifying the interests to be protected by the right requires a theory of personhood or wellbeing such as Amartya Sen and Martha Nussbaum's 'capabilities approach'. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.
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Specificații

ISBN-13: 9780199589111
ISBN-10: 0199589119
Pagini: 196
Dimensiuni: 164 x 242 x 20 mm
Greutate: 0.47 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Notă biografică

Rhonda Powell is a senior lecturer in law at the University of Canterbury, New Zealand. Her research interests include human rights law, health law, and gender issues, particularly women's reproductive rights. Dr Powell holds a DPhil from the Centre for Socio-legal Studies at the University of Oxford, an LLM in Human Rights Law from the University of Nottingham, and an LLB(Hons) and BA from the University of Otago, New Zealand.