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Philosopher Kings? George C. Christie (James B. Duke Professor of Law, James B. Duke Professor of Law, Duke University School of Law)

Philosopher Kings? By George C. Christie (James B. Duke Professor of Law, James B. Duke Professor of Law, Duke University School of Law)

Summary

Philosopher Kings? The Adjudication of Conflicting Human Rights and Social Values 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 social values, on the other.

Philosopher Kings? Summary

Philosopher Kings?: The Adjudication of Conflicting Human Rights and Social Values by George C. Christie (James B. Duke Professor of Law, James B. Duke Professor of Law, Duke University School of Law)

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 social values 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 regime which 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.

About George C. Christie (James B. Duke Professor of Law, James B. Duke Professor of Law, Duke University School of Law)

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 States Agency for International Development. His chief academic interests are in the areas of torts and jurisprudence, in both of which he has published widely. His monograph: The Notion of an Ideal Audience in Legal Argument was published in 2000 and then translated and published in French in 2005. An earlier monograph: Law, Norms and Authority was published in 1982. His current interest in problems encountered in the adjudication of human rights is part of his wider interest in comparative legal reasoning.

Table of Contents

Preface Part One-Prolegomena Chapter I-Introduction Chapter II- Rights Discourse Chapter III-Structural Impediments to Consistent Application of Universal Human Rights Part Two-The Difficult Issues Chapter IV-The Enlarged View of Rights in Contemporary Constitutions and Human Rights Conventions-The Notion of Defeasible Rights Chapter V-Litigation Involving a Conflict of Rights, Each of Equal Value Part Three-The Limited Help from Philosophy and the Social Sciences Chapter VI-The Epistemology of Judicial Decision Making Chapter VII- The Unsuccessful Attempt to Find a Philosophical North Star to Aid in Judicial Decision Making Chapter VIII-The Use of Balancing Tests and Factor Analysis-The Inevitable Tendency to Resort to Bright-Line Tests Part Four-Case-by-Case Adjudication Chapter IX-An Overview of Case-by-Case Adjudication, Its Possible Goals, and the Influence of Legal Traditions Chapter X-The Optimal Conditions for Case-by-Case Adjudication and Its Limits Chapter XI-Case-by-Case Adjudication of Contentious Human Rights Controversies Part Five-Conclusion Chapter XII-What If We Must Choose? Table of Cases Index

Additional information

NPB9780195341157
9780195341157
0195341155
Philosopher Kings?: The Adjudication of Conflicting Human Rights and Social Values by George C. Christie (James B. Duke Professor of Law, James B. Duke Professor of Law, Duke University School of Law)
New
Hardback
Oxford University Press Inc
2011-03-10
212
N/A
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