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