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Human Rights Law

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Georgetown University Law Center

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Dignity

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Full-Text Articles in Law

The Rule Of Law And Human Dignity: Reexamining Fuller’S Canons, David Luban Jan 2010

The Rule Of Law And Human Dignity: Reexamining Fuller’S Canons, David Luban

Georgetown Law Faculty Publications and Other Works

Lon Fuller offered an analysis of the rule of law in the form of eight ‘canons’ of lawmaking. He argued (1) that these canons constitute a ‘procedural natural law’, as distinct from traditional ‘substantive’ natural law; but also (2) that lawmaking conforming to the canons will enhance human dignity—a ‘substantive’ result. This paper argues the following points: first, that Fuller mischaracterized his eight canons, which are substantive rather than procedural; second, that there is an important sense in which they enhance human dignity; third, that they fail to enhance human dignity to the fullest extent because they understand it in …


Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson Jan 2004

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court has been slower than some other national courts to become familiar with and discuss, distinguish, or borrow from related constitutional approaches of other nations and systems. The growth in transnational judicial discourse, especially on constitutional issues relating to human rights, has been remarked by many. National courts in Argentina, Botswana, Canada, Germany, India, South Africa, and elsewhere not infrequently refer to the constitutional jurisprudence of other nations in resolving domestic constitutional questions. Although such references are not unheard of in the United States, transnational discourse involving national courts, supranational and international tribunals is still subject to …