Philosopher Kings?: The Adjudication Of Conflicting Human Rights And Social Values

Hardcover | February 26, 2011

byGeorge C. Christie

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Philosopher Kings? The Adjudication of Conflicting Human Rights and Social Values, by George C. Christie, examines the attempts by courts to sort out conflicts involving freedom of expression, including religious expression, on the one hand, and rights to privacy and other important socialvalues on the other. It approaches the subject from a comparative perspective, using principally cases decided by European and United States courts. A significant part of this book analyzes conflicts between freedom of expression and the right to privacy. In a world in which, freedom of expression and privacy are said to be of equal value, the book explores whether it is possible to develop, through case-by-case adjudication, a legal regimewhich can give clear direction as to what expression is or is not permitted. Otherwise, if such a regime proves impossible, in the guise of recognizing the equal value of expression and privacy, privacy may become de facto the preferred value.

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Philosopher Kings? The Adjudication of Conflicting Human Rights and Social Values, by George C. Christie, examines the attempts by courts to sort out conflicts involving freedom of expression, including religious expression, on the one hand, and rights to privacy and other important socialvalues on the other. It approaches the subject ...

George C. Christie is James B. Duke Professor of Law at the Duke University School of Law. He has degrees from Columbia and Harvard, and a diploma in International Law from Cambridge. In addition to a long career in academia, he has been at various times a lawyer in private practice as well as assistant general counsel for the United ...

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Format:HardcoverDimensions:204 pages, 9.25 × 6.12 × 0.98 inPublished:February 26, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195341155

ISBN - 13:9780195341157

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Table of Contents

PrefacePart One - Prolegomena1. Introduction2. "Rights" Discourse3. Structural Impediments to Consistent Application of "Universal" Human RightsPart Two - The Difficult Issues4. The Enlarged View of Rights in Contemporary Constitutions and Human Rights Conventions-The Notion of Defeasible Rights5. Litigation Involving a Conflict of Rights, Each of Equal ValuePart Three - The Limited Help from Philosophy and the Social Sciences6. The Epistemology of Judicial Decision Making7. The Unsuccessful Attempt to Find a Philosophical "North Star" to Aid in Judicial Decision Making8. The Use of Balancing Tests and Factor Analysis-The Inevitable Tendency to Resort to Bright-Line TestsPart Four - Case-by-Case Adjudication9. An Overview of Case-by-Case Adjudication, Its Possible Goals, and the Influence of Legal Traditions10. The Optimal Conditions for Case-by-Case Adjudication and Its Limits11. Case-by-Case Adjudication of Contentious Human Rights ControversiesPart Five - Conclusion12. What If We Must Choose?Table of CasesIndex