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Reasoning Rights - Comparative Judicial Engagement (Hardcover)
Loot Price: R3,170
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Reasoning Rights - Comparative Judicial Engagement (Hardcover)
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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.
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