Reasoning Rights: Comparative Judicial Engagement - Hardcover

Bloomsbury

Hardcover

ISBN 10: 1849462526 ISBN 13: 9781849462525

Publisher: Hart Publishing, 2014

Synopsis

This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular?
The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

About this title

About the Author

Liora Lazarus is a Fellow in Law and University Lecturer in Law at St Anne's College, University of Oxford. Christopher McCrudden is Professor of Equality and Human Rights Law, Queen's University Belfast; William W Cook Global Professor of Law at University of Michigan Law School; and a member of Blackstone Chambers. Nigel Bowles is Director of the Rothermere American Institute at the University of Oxford.

Edition details

• Publisher: Hart Publishing
• Publication date: 2014
• Language: English
• ISBN 10: 1849462526
• ISBN 13: 9781849462525
• Binding: Hardcover
• Number of pages: 392
• Editor: Liora Lazarus, Christopher McCrudden, Nigel Bowles