human rights and international justice in dworkin's works: a community of strangers?

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ID: 166088
2015
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Abstract
Dworkin has done well-known contributions to jurisprudence on a domestic level, but he also wrote about international law. His theory of human rights draws a distinction between justice and legitimacy, in which the first belongs to the domain of domestic public law and the second belongs to the domain of human rights. The advantage of that distinction is that it guarantees members of the international community an amount of political autonomy which is compatible with sovereignty. However, Dworkins conception of human rights does not fit well  enough  the  practice  of  international  law  and  reveals  a  deep  contrast  between jurisprudence at the domestic and international levels. Dworkin defines the domestic political community as connected by common principles whereas the international community and its rules are the result of compromises or negotiations between interested parties, and does not explain why this is so.
Reference Key
santana2015revistahuman Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors ;Aline Oliveira de Santana
Journal revista brasileira de filosofia do direito
Year 2015
DOI
10.26668/IndexLawJournals/2526-012X/2015.v1i1.955
URL
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