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.
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A legal and conceptual inquiry into the meaning of the right to security of person, drawing on case law (primarily from Canada, South Africa, and Europe) as well criminology, security studies, and philosophy.
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Produktdetaljer

ISBN
9780199589111
Publisert
2019
Utgiver
Vendor
Oxford University Press
Vekt
468 gr
Høyde
242 mm
Bredde
164 mm
Dybde
20 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
196

Forfatter

Om bidragsyterne

Rhonda Powell is a senior lecturer in law at the University of Canterbury, New Zealand. Her research interests include human rights law, health law, and gender issues, particularly women's reproductive rights. Dr Powell holds a DPhil from the Centre for Socio-legal Studies at the University of Oxford, an LLM in Human Rights Law from the University of Nottingham, and an LLB(Hons) and BA from the University of Otago, New Zealand.