Search
Search Results
-
The Legal Artifice of Liberty: On Beccaria’s Philosophy
Beccaria’s penal philosophy hinges on the doctrinal paradigm of liberty through law. Inconceivable in the absence of laws and unattainable in the...
-
Liberty, Secrecy, and the Right of Assessment
In this article we argue that governmental practices of secrecy threaten the epistemic dimension of rights. We defend the view that possessing a...
-
Civil Liberties I (Freedom, Life, Liberty, Privacy)
The reader is introduced to the design of constitutional civil liberties clauses relating to the general freedom to act, the right to life, physical...
-
The End of Liberty
Theorists treat liberty as a great equalizer. We can’t easily distribute equal welfare, but we can purport to distribute equal liberty. In fact,...
-
Comprehensive Pluralism, Liberalism, and Religious Liberty
Divisiveness over the meaning of the free exercise of religion has increased in recent years. Exemption requests and litigation have come not from...
-
-
-
The Principle of Liberty
The principle of freedom of action is not a human right. It does not serve to protect personhood (freedom of will), but concerns the freedom to shape...
-
-
Right to Liberty and Security, Right to a Fair Trial and Principle of No Punishment Without Law
The chapter discusses a number issues concerning the application of international rules on the right to liberty and security, e.g. in relation to...
-
-
LGBTI Persons Deprived of Liberty: Overrepresented, Extremely Vulnerable and De Jure Invisible
Criminalizing non-normative sexual orientations and gender identities, leads to the arbitrary deprivation of liberty of LGBTI persons and is linked...
-
The United Nations Global Study on Children Deprived of Liberty: ‘Leaving No One Behind, in Particular Children Behind Bars’
The paper summarizes the findings of the United Nations Global Study on Children Deprived of Liberty and gives an overview of the study...
-
‘A Little Law and Order Wouldn’t Hurt Anybody Around Here’: ‘The Man Who Shot Liberty Valance’ and ‘High Noon’
This chapter discusses the scapegoat as the historical artifact lying at the base of judicial order through a close reading of two classic but...
-
Criminal Law and Republican Liberty: Philip Pettit’s Account
Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely...
-
The Implications of the Principle of Equality and Non-discrimination on the Rights of Persons Deprived of Liberty in the Inter-American System
The situation of the persons deprived of liberty has been consistently in the agenda of the Inter-American Human Rights System, which has led to the...
-
Police Powers and Article 5 ECHR: Time for a New Approach to the Interpretation of the Right to Liberty
This paper discusses the approach of British and European Courts to the interpretation and application of the Article 5 ECHR right to liberty when...
-
The Rights of Persons Deprived of Liberty in Latin America: From the Perspective of an ius constitutionale commune
This article highlights that a persistent prison crisis in Latin America reveals not only the systematic violation of the rights of persons deprived...
-
The Priority of Liberty: An Argument from Social Equality
John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political...
-
Protection of Liberty and Security of the Person
So far, I have talked about human rights which aim to protect the life and physical integrity of the person and those which aim to protect the basic...