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The Right to Life and Conflicting Interests

Elizabeth Wicks

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.001.0001
Subject:
Law, Human Rights and Immigration, Medical Law

The right to life is a core human right which has not yet received the detailed legal analysis that it requires. This book provides detailed, critical analysis of the controversial human right to ... More


The Right to Life

Brice Dickson

in The European Convention on Human Rights and the Conflict in Northern Ireland

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.003.0009
Subject:
Law, Human Rights and Immigration

Article 2 of the European Convention supposedly guarantees the right to life. This chapter tells the story of the extent to which Article 2 was in fact relevant to the conflict. It explains that the ... More


The European Convention on Human Rights and the Conflict in Northern Ireland

Brice Dickson

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.001.0001
Subject:
Law, Human Rights and Immigration

This book provides a comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. It studies the effectiveness of the ... More


Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA

Lorenzo Zucca

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552184
eISBN:
9780191709630
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552184.001.0001
Subject:
Law, Constitutional and Administrative Law

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and ... More


A Right to Life, a Right to Death

James Griffin

in On Human Rights

Published in print:
2008
Published Online:
May 2010
ISBN:
9780199238781
eISBN:
9780191716478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238781.003.0013
Subject:
Philosophy, Moral Philosophy

This chapter discusses issues associated with the right to life. Topics covered include Locke's views on the scope of the right to life, personhood as the ground of the right, and a right to death.


Killing in Self-Defence

Fiona Leverick

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.001.0001
Subject:
Law, Criminal Law and Criminology

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, ... More


Law Enforcement and the Non-Conventional Human Right to Life

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general ... More


The Justification of Self-Defence

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter argues that the most convincing theory to explain the permissibility of killing in self-defence is one based on the right to life with an accompanying theory of forfeiture. In coming to ... More


Rights to Assisted Dying

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.2
Subject:
Law, Criminal Law and Criminology, Medical Law

There have been unsuccessful attempts to use constitutionally entrenched rights claims to challenge criminal prohibitions on assisted suicide in Canada, the United States, and the United Kingdom. ... More


Law Enforcement and the Conventional Human Right to Life

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines conventional human rights law, where the right to life is expressed in terms of protection either from ‘arbitrary’ or from ‘intentional’ deprivation of life. Every case of ... More


Mortal Conflicts of Fundamental Legal Rights—The Fundamental Legal Right to Life v The Fundamental Legal Right to Decisional Privacy

Lorenzo Zucca

in Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552184
eISBN:
9780191709630
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552184.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter presents the conflict between the fundamental right to decisional privacy and the fundamental right to life in the context of physician-assisted suicides. This conflict is a vertical ... More


Terminating Life and Human Rights: The Fetus and the Neonate

Elizabeth Wicks

in The Criminal Justice System and Health Care

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199228294
eISBN:
9780191711343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228294.003.0011
Subject:
Law, Criminal Law and Criminology

This chapter analyses whether the significance of birth can justify the fact that the criminal law treats the termination of fetal life and the killing of a neonate differently, and proceeds to ... More


Abortion

Bonnie Steinbock

in Life Before Birth: The Moral and Legal Status of Embryos and Fetuses

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195341621
eISBN:
9780199897131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341621.003.0010
Subject:
Philosophy, Moral Philosophy, Philosophy of Science

This identifies the major views on abortion and argue that the interest view is superior to them all. The conservative view ascribes moral status on a seemingly arbitrary feature, namely, species ... More


The Right to Life and Self-defence of Private Military and Security Contractors in Armed Conflict

Guido den Dekker and Eric PJ Myjer

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0010
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter is concerned with the right to life of private military and security contractors and its protection though personal self-defence in armed conflict. After analysing the right to life, and ... More


The Right to have Rights as a ‘Place in the World’

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0002
Subject:
Law, Public International Law

Chapter 1 examines the right to have rights in the context of the movement of people across borders. In the present international system of states, it is imperative that each person has a ‘place in ... More


Protected Rights And Interests

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0007
Subject:
Law, Law of Obligations, EU Law

This chapter discusses the rights and interests protected by tort law. It is organized as follows. Section B considers the protection of the person, particularly his life, physical integrity, mental ... More


The Role of the European Court of Human Rights in Monitoring Compliance with Humanitarian Law in Armed Conflict

Andrea Gioia

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the relationship between the European Convention on Human Rights (ECHR) and international humanitarian law (IHL). The first part of the chapter analyzes the relationship ... More


Death by Request

L.W. Sumner

in Assisted Death: A Study in Ethics and Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199607983
eISBN:
9780191729652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199607983.003.0004
Subject:
Philosophy, Moral Philosophy

The focus in this chapter is on the ethics of assisted suicide and voluntary euthanasia. The positive argument for the justifiability of these measures rests on the two foundational values of patient ... More


The Impact of the European Convention on Human Rights

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter examines the impact of Article 2 of the European Convention on Human Rights (the right to life) on the law of self-defence. It concludes that Article 2 clearly does not permit lethal ... More


The Right to Life

Brice Dickson

in Human Rights and the United Kingdom Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199697458
eISBN:
9780191752247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199697458.003.0004
Subject:
Law, Human Rights and Immigration

This chapter analyses the engagement of the UK’s top court with three aspects of the right to life: the right not to be killed, the right to be protected against risks to life, and the right to have ... More


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