
Dignity Is A Rallying Cry Of Social And Political Movements Worldwide. It Also Appears In Legal Doctrine And Scholarship. But The Meaning Of Dignity, And Its Legal Implications, Are Deeply Contested. What Is Dignity, And Which Concrete Legal Outcomes Does It Support? Dignity And Judicial Authority Focuses On The Role Of Dignity In Courts In The United States. It Offers A Theory Of Dignity That Emphasizes Respect For Status, Non-domination, And Control Over Self-presentation To Others. It Then Explains How Courts Can Recognize Dignity As Legally Actionable Harm And Provide Remedies For This Harm. In Applying These Ideas, The Book Explores Such Topics As Constitutional Standing Doctrine, The Dignitary Torts, And Court-mandated Apologies. The Book's Inquiry Sheds Light Not Only On The Nature Of Dignity, But Also On The Power Of Courts And Their Proper Function In A Constitutional Democracy. How Can Judges Decide Whether Dignity Has Been Violated, Especially When These Decisions Risk Embroiling Judges In Contentious Social Disputes? Will Accepting Dignitary Claims Burst Open The Proverbial Floodgates Of Litigation? The Book Shows How Courts Can Integrate Dignity Into Legal Determinations In A Considered Manner. More Generally, The Book Brings Together Theoretical Analysis And Detailed Doctrinal Discussion. It Demonstrates The Connections Between Dignity And Subjects Such As Jurisdiction And Remedies, Which Help To Delineate The Bounds Of Judicial Authority-- Provided By Publisher.
This book investigates how the concept of dignity functions as a legally actionable harm within the United States judicial system. Rachel Bayefsky, a legal scholar, constructs a theoretical framework that defines dignity through the lenses of status, non-domination, and self-presentation. By bridging abstract philosophical concepts with concrete legal doctrine, the author argues that courts can and should incorporate dignity into their decision-making processes without overstepping their constitutional bounds.
What You Will Find
Legal scholars and practitioners identify this work as a significant contribution to the intersection of constitutional theory and remedial law. Experts highlight the text for its ability to balance high-level philosophical inquiry with practical doctrinal application.
Page Count:
0
Publication Date:
2024-01-01
Publisher:
New York : Oxford University Press,
ISBN-10:
0197750354
ISBN-13:
9780197750353
No comments yet. Be the first to share your thoughts!