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Author:   José Manuel Aroso Linhares ,  Manuel Atienza
Publisher:   Springer International Publishing AG
Imprint:   Springer International Publishing AG
Edition:   1st ed. 2022
Volume:   7
Weight:   0.486kg
ISBN:  

9783031148262

ISBN 10:   3031148266
Pages:   306
Publication Date:   07 December 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Dignity / Autonomy of the Law / Human Rights / Comparable Personal Autonomies: Introducing an Indispensable Generating Series (and its Productive “Phantoms”).- Part 1 Exploring the “Conceptual Bonds” between Human Rights and Human Dignity.- From Human Rights to Human Dignity and vice versa.- Models of Consensus and Compromise on Human Rights and Dignity.- The Foundation of Human Rights, Dignity or Autonomy?.- Part 2 Exploring the Problem of The Autonomy of Law in the Trends of Contemporary Legal Discourse(s).- Hart, Raz and Kelsen on the Puzzle of Law’s Autonomy.- Constructivist Metaphors and Law´s Autonomy in Legal Post-Positivism.- Part 3 Intertwining the Claim to Autonomy and the Concept of Human Dignity.- Merit, Value and Justification: Human Dignity vis-à-vis Legal (Inter)subjectivity – The Autonomy of Subjects Within the Autonomy of Law.- Between Principles and Rules. An itinerary around Law’s Morality and Human Dignity.- The Legal Meaning of Human Dignity: Respect for Autonomy and Concern for Vulnerability.- Part 4 Dialogues with Emmanuel Levinas.- The Double Sense of the Law-Dignity Relationship in Emmanuel Levinas.- Human Rights, Rights of The Other, and Preventive Peace. A Levinasian perspective.- Part 5 Dialogues with Jeremy Waldron.- No Argument: Human Dignity and The Making of Legislation.- Is dignity a noncontingent autonomously juridical “idea”? A conversation piece with Jeremy Waldron.- Part 6 Exploring Human Dignity in the Boundaries of Law.- Does Dignity Promote Law's Autonomy or Undermine It? The Israeli Controversy.- Images and Counter-images of humanitas: A Jusaesthetic Approach to the Problem of Law’s Normative Validity: Beyond the Blindness-and-Sightedness Polarity.

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Author Information

José Manuel Aroso Linhares is a Full Professor of Legal Theory, Methodology and Philosophy of Law (as well as of Introduction to Law) at the Faculty of Law, University of Coimbra (Portugal). He is the Coordinator of UCILeR (the University of Coimbra Institute for Legal Research) and the Vice-President of the Portuguese Section of the IVR (Associação Portuguesa de Teoria do Direito, Filosofia do Direito e Filosofia Social). His current research interests include the theory of evidence, narrative rationality, intercultural dialogue, judge-made law, law’s claim to autonomy, inclusive positivism, law and literature, law and music, political correctness. He is the author of several monographs and essays. Manuel Atienza is a Full Professor of Legal Philosophy at the University of Alicante (Spain). He was vice-president of the International Association for the Philosophy of Law and Social Philosophy (IVR). He has written many books and articles on different topicssuch as the theory of legal statements, Marxism and law, bioethics, theory of legislation and legal argumentation.

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