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“Rights” Discourse

George C. Christie

in Philosopher Kings?: The Adjudication of Conflicting Human Rights and Social Values

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195341157
eISBN:
9780199894314
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341157.003.0002
Subject:
Law, Constitutional and Administrative Law

The concept of “rights” in legal discourse has at least two important functions. The first is the substantive function of describing what the right-holder is entitled to and, to be truly helpful, of ... More


Endorsing Discrimination Between Faiths: A Case of Extreme Speech?

John Finnis

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0022
Subject:
Law, Human Rights and Immigration

The question whether government and law can discriminate between different religious faiths (or their adherents as such) is given a resounding affirmative answer by a unanimous Grand Chamber ... More


Litigating Religions: An Essay on Human Rights, Courts, and Beliefs

Christopher McCrudden

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198759041
eISBN:
9780191818813
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759041.001.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This essay presents an interpretation of how religion and human rights ... More


Peremptory Norms and the Allocation of Jurisdiction to States

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0010
Subject:
Law, Public International Law

This chapter focuses on universal criminal jurisdiction and duty to prosecute serious international crimes as incidences of jus cogens, and expands on the available evidence. Universal civil ... More


Peremptory Norms and Acts of Foreign States in Private International Law

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0020
Subject:
Law, Public International Law

This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with ... More


Human Rights Activism in the United States: 1946–1948

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0010
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines the magnetic pull of international human rights norms on the United States in 1946–1948. The analysis is divided into seven sections: the creation of modern international human ... More


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