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Articles 1 - 6 of 6
Full-Text Articles in Law
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Peter G. Danchin
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod
The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod
Faculty Articles
Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defense of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as …
Human Rights Without Foundations, Joseph Raz
Human Rights Without Foundations, Joseph Raz
Faculty Scholarship
This is a good time for human rights. Not that they are respected more than in the past. The flagrant resort to kidnapping, arbitrary arrests, and torture by the United States of America (USA), and the unprecedented restriction of individual freedom in the USA, and in Great Britain (GB), cast doubt about that. It is a good time for human rights in that claims about such rights are used more widely in the conduct of world affairs than before. There are declarations of and treaties about human rights, international courts and tribunals with jurisdiction over various human right violations. They …
The Global Law Of The Land, Amnon Lehavi
The Global Law Of The Land, Amnon Lehavi
University of Colorado Law Review
Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy by virtue of their reflection of place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, based on a historical, comparative, and theoretical study of the structures and strictures of domestic land laws and current cross-border phenomena that dramatically affect national land systems. The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the …