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Liberty Intact - Human Rights in English Law (Hardcover)
Loot Price: R3,060
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Liberty Intact - Human Rights in English Law (Hardcover)
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What are the connections between conceptions of rights found in
English law and those found in bills of rights around the World?
How has English Common Law influenced the Universal Declaration of
Human Rights (UDHR) 1948 and the European Convention on Human
Rights (ECHR) 1950? These questions and more are answered in
Michael Tugendhat's historical account of human rights from the
eighteenth century to present day. Focusing specifically on the
first modern declarations of the rights of mankind- the 'Virginian
Declaration of Rights', 1776, the French 'Declaration of the Rights
of Man and of the Citizen', 1789, and the 'United States Bill of
Rights', 1791- the book recognises that the human rights documented
in these declarations of the eighteenth century were already
enshrined in English common law, many originating from English law
and politics of the fifteenth century. The influence of English
Common Law , taken largely from Blackstone's Commentaries on the
Laws of England, can also be realised in the British revolutions of
1642 and 1688; the American and French Revolutions of 1776 and 1789
respectively; and through them, on the UDHR and ECHR. Moreover,
Tugendhat argues that British law, in all but a few instances,
either meets or exceeds human rights standards, and thus
demonstrates that human rights law is British law and not a recent
invention imported from abroad. Structured in three sections, this
volume (I) provides a brief history of human rights; (II) examines
the rights found in the American and French declarations and
demonstrates their ancestry with English law; and (III) discusses
the functions of rights and how they have been, and are, put to
use.
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