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

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ISBN-10: 0199204977

ISBN-13: 9780199204977

Edition: 2006

Authors: Lorenzo Zucca

List price: $140.00
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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 privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and thenature of conflicts among them.Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing…    
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Book details

List price: $140.00
Copyright year: 2006
Publisher: Oxford University Press, Incorporated
Publication date: 8/16/2007
Binding: Hardcover
Pages: 206
Size: 6.38" wide x 9.45" long x 0.67" tall
Weight: 1.012

Lorenzo Zucca is a reader in jurisprudence at King's College London.

Introduction
The Theory of Conflicts of Fundamental Legal Rights
Law, Morality, and Conflicts of Fundamental Legal Rights
The Dilemma
The Structure of FLRs' Norms: Rules v Principles
Weighing Principles in Competition: Harmony or Conflict?
Conflicts of FLRs: From Morality to Law
Conclusion
The Concept of Fundamental Legal Rights
FLRs and Analysis
A Preliminary Problem: Reductionism
The Structure and Point of Rights
The Scope (or Content) of FLRs
The External Dimension or the Function(s) of FLRs
FLRs: A Stipulative Definition
The Anatomy of Conflicts of Fundamental Legal Rights
Introduction
Lato Sensu and Spurious Conflicts of FLRs
The Core of Conflicts of FLRs
Theories of Rights, Normative Inconsistencies, and Incommensurability
Beyond Absolute or Prima Facie FLRs
A Typology of Conflicts of FLRs
A Framework to Deal with Conflicts of Fundamental Legal Rights
Why a Framework?
Conflicts and the Constitution
Interpretation and Conflicts of FLRs
Deference and Conflicts of FLRs
Balancing and Conflicts of FLRs
The Rule of Conflict as the Ultimate Rule of Law
The Practice of Conflicts of Fundamental Legal Rights
Introduction
The Fundamental Legal Right to Privacy
Privacy: An Ambiguous Concept
The Structure of the FLR to Privacy
The Legal Protection of the FLR to Privacy
Conflicts and the FLR to Privacy
The Fundamental Legal Right to Informational Privacy v The Fundamental Legal Right to Free Press
Introduction
Situating the Conflict
Solving the Conflict?
Mortal Conflicts of Fundamental Legal Rights-The Fundamental Legal Right to Life v The Fundamental Legal Right to Decisional Privacy
Introduction
Physician-assisted Suicide Around the World
The Anatomy of a FLRs Conflict
Moral and Legal Conflicts
Whose Tragedy Is It?
Present Solutions: How do Courts Solve the Conflict?
Accepting or Imposing Sacrifices
Conclusion
Bibliography
Index