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  • © 2022

Human Dignity and the Autonomy of Law

  • Offers an unusual combination of topics on concepts of human dignity and the problem of the autonomy of the law

  • Explores the limits of the law and the impacts of external (philosophical, political and aesthetic) challenges

  • Presents various perspectives and voices with an indisputable thematic unity

Part of the book series: Law and Visual Jurisprudence (LVJ, volume 7)

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eBook USD 129.00
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  • ISBN: 978-3-031-14824-8
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Table of contents (15 chapters)

  1. Front Matter

    Pages i-viii
  2. Exploring the “Conceptual Bonds” Between Human Rights and Human Dignity

    1. Front Matter

      Pages 11-11
    2. From Human Rights to Human Dignity and Vice Versa

      • José de Sousa e Brito
      Pages 13-18
  3. Exploring the Problem of the Autonomy of Law in the Trends of Contemporary Legal Discourse(s)

    1. Front Matter

      Pages 53-53
  4. Intertwining the Claim to Autonomy and the Concept of Human Dignity

    1. Front Matter

      Pages 113-113
    2. Between Principles and Rules

      • Silvia Niccolai
      Pages 133-165
  5. Dialogues with Emmanuel Levinas

    1. Front Matter

      Pages 183-183
  6. Dialogues with Jeremy Waldron

    1. Front Matter

      Pages 237-237
  7. Exploring Human Dignity in the Boundaries of Law

    1. Front Matter

      Pages 277-277

About this book

This book intertwines two major themes in contemporary legal theory – the concepts of human dignity and the problem of the autonomy and limits of the law – while also addressing two other key aspects – the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law’s aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive “bio-ethical” issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

Keywords

  • human dignity
  • autonomy of law
  • post-positivsm
  • human rights
  • person's autonomy
  • democracy
  • dignity as value
  • dignity as rank
  • jusaesthetic approaches
  • law and morality

Editors and Affiliations

  • University of Coimbra, Coimbra, Portugal

    José Manuel Aroso Linhares

  • Faculty of Law, University of Alicante, Alicante, Spain

    Manuel Atienza

About the editors

José Manuel Aroso Linhares is a Full Professor of Legal Theory, Methodology and Philosophy of Law (as well as of Introduction to Law) at the Faculty of Law, University of Coimbra (Portugal). He is the Coordinator of UCILeR (the University of Coimbra Institute for Legal Research) and the Vice-President of the Portuguese Section of the IVR (Associação Portuguesa de Teoria do Direito, Filosofia do Direito e Filosofia Social). His current research interests include the theory of evidence, narrative rationality, intercultural dialogue, judge-made law, law’s claim to autonomy, inclusive positivism, law and literature, law and music, political correctness. He is the author of several monographs and essays.

Manuel Atienza is a Full Professor of Legal Philosophy at the University of Alicante (Spain). He was vice-president of the International Association for the Philosophy of Law and Social Philosophy (IVR). He has written many books and articles on different topics such as the theory of legal statements, Marxism and law, bioethics, theory of legislation and legal argumentation.


Bibliographic Information

  • Book Title: Human Dignity and the Autonomy of Law

  • Editors: José Manuel Aroso Linhares, Manuel Atienza

  • Series Title: Law and Visual Jurisprudence

  • DOI: https://doi.org/10.1007/978-3-031-14824-8

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

  • Hardcover ISBN: 978-3-031-14823-1Published: 07 December 2022

  • Softcover ISBN: 978-3-031-14826-2Due: 21 December 2023

  • eBook ISBN: 978-3-031-14824-8Published: 06 December 2022

  • Series ISSN: 2662-4532

  • Series E-ISSN: 2662-4540

  • Edition Number: 1

  • Number of Pages: VIII, 306

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Theories of Law, Philosophy of Law, Legal History, Human Rights

Buying options

eBook USD 129.00
Price excludes VAT (USA)
  • ISBN: 978-3-031-14824-8
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Hardcover Book USD 169.99
Price excludes VAT (USA)