Conflicts of Fundamental Legal Rights in Europe and the USA
By (author) Lorenzo Zucca
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Constitutional Dilemmas by Lorenzo Zucca
Book DescriptionThis book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature of conflicts among them. Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day.Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse. The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.
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Book DetailsISBN: 9780199552184
(234mm x 154mm x 10mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 31-Jul-2008
Country of Publication: United Kingdom
Books By Author Lorenzo Zucca
Law, State and Religion in the New Europe, Paperback (July 2015)
An exploration of the dilemmas raised by the return of religion to the public sphere.
Secular Europe, Hardback (October 2012)
The accommodation of diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca develops a new picture of what secularism means and how Europe can reconcile its religious diversity.
Constitutional Dilemmas, Hardback (June 2007)» View all books by Lorenzo Zucca
This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. It addresses this problem by developing a framework to adjudicate over clashes and the deal with the outcomes which necessarily involve significant sacrifices.
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Author Biography - Lorenzo Zucca
Lorenzo Zucca was appointed Lecturer in Law at King's College London after studying at the European University Institute (Florence), the University of Oxford, and the University of Paris.
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