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

    ISBN-10: 0199204977
    ISBN-13: 9780199204977
    Author(s): Lorenzo Zucca
    Description: 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  More...
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    List Price: $140.00
    Publisher: Oxford University Press, Incorporated
    Binding: Hardcover
    Pages: 204
    Size: 6.25" wide x 9.25" long x 0.75" tall
    Weight: 0.990

    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 dilemmas of the day.Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse.The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas,Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.

    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

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