Books > Law > International law > Public international law > International human rights law
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Rights as Security - The Theoretical Basis of Security of Person (Hardcover)
Loot Price: R2,234
Discovery Miles 22 340
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Rights as Security - The Theoretical Basis of Security of Person (Hardcover)
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The right to security of person is widely recognized but little
understood. Courts, legislatures, and scholars disagree about how
the right to security of person should be defined. This book
investigates the meaning of the right to security of person through
an analysis of its constituent parts. Applying an original
conceptual analysis of 'security', the right to security of person
imposes both positive and negative duties. Also, identifying the
interests to be protected by the right requires a theory of
personhood or wellbeing such as Amartya Sen and Martha Nussbaum's
'capabilities approach'. It is accepted that any existing legal
rights to security of person must be artificially delineated in
order not to overstep the boundaries of other rights. In
recognition of the naturally broad meaning of the right to security
of person, it is proposed that human rights law as a whole should
be seen as a mechanism to further security of person: rights as
security.
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