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A Constitutionalist Approach to the European Convention on Human Rights
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
The Moral Conflict of Law and Neuroscience
Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law curren...
The Human Right to Property
“This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for aca...
A Theory of Interpretation of the European Convention on Human Rights
This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.
Law and Philosophy
This volume contains a broad range of essays by scholars interested in the interactions between law and philosophy. It examines the themes of the nature of law; and the State, the citizen, and the law.
Freedom of Expression
Freedom of expression is one of the cornerstones of all democratic systems. Without it, ideas about how to protect the common good in our societies would be impoverished. A marketplace of ideas is essential for democracy to thrive. It is for this reason that the European Court of Human Rights attaches such importance to political discourse, as well as to speech and other forms of expression that may shock and offend. Yet, such freedom may clash with other rights, such as the right to privacy or the right to a good reputation. It may even conflict with the need to protect public order or morals. Societies require pluralism if they are to grow, yet democracy also seeks to limit extreme forms o...
Law and Philosophy
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Understanding Torture
Legal prohibitions against torture cannot prevent state violence
