THE LOGIC OF CONSTITUTIONAL RIGHTS by ERIC HEINZE, Heinze, Eric. ISBN 9780754625384, 0754625389 instant download

THE LOGIC OF CONSTITUTIONAL RIGHTS by ERIC HEINZE, Heinze, Eric. ISBN 9780754625384, 0754625389 instant download

\"Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights.\" Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights. Heinze proposes an analysis of US constitutional rights lying towards the unity end of the scale, putting forward a unified theory insofar as it shows how all arguments about constitutional rights can be understood in terms of a discrete number of elements Should the patients in Glucksberg have won their case?