
The Right To Security Of Person Is Widely Recognized But Little Understood. Courts, Legislatures, And Scholars Disagree About How The Right To Security Of Person Should Be Defined. This Book Investigates The Meaning Of The Right To Security Of Person Through An Analysis Of Its Constituent Parts. Applying An Original Conceptual Analysis Of 'security', The Right To Security Of Person Imposes Both Positive And Negative Duties. Also, Identifying The Interests To Be Protected By The Right Requires A Theory Of Personhood Or Wellbeing Such As Amartya Sen And Martha Nussbaum's 'capabilities Approach'. It Is Accepted That Any Existing Legal Rights To Security Of Person Must Be Artificially Delineated In Order Not To Overstep The Boundaries Of Other Rights. In Recognition Of The Naturally Broad Meaning Of The Right To Security Of Person, It Is Proposed That Human Rights Law As A Whole Should Be Seen As A Mechanism To Further Security Of Person: Rights As Security.
This book investigates the conceptual ambiguity surrounding the right to security of person and proposes a framework to redefine human rights law as a mechanism for securing individual well-being. Rhonda Powell, a legal scholar, utilizes a conceptual analysis of 'security' to argue that this right necessitates both positive and negative state duties. By integrating the 'capabilities approach' developed by Amartya Sen and Martha Nussbaum, the author constructs a theory of personhood that clarifies which interests the law must protect. The work ultimately posits that human rights law should be viewed holistically as a system of 'rights as security.'
What You Will Find
Scope Limits
Legal scholars and academics identify this work as a significant contribution to the theoretical understanding of security rights. Readers frequently note the dense, analytical nature of the prose, which is intended for an audience familiar with jurisprudence and political philosophy.
Page Count:
208
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
0191038490
ISBN-13:
9780191038495
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