Acknowledgements |
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xiii | |
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1 Overview of the Project |
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1 | (16) |
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1 | (4) |
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Theoretical Orientation of the Project: the Importance of Amplifying Human Dignity |
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5 | (4) |
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Application I Making Human Dignity Central to International Human Rights Law |
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9 | (1) |
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Application II Reconceiving and Redirecting International Human Rights Law |
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10 | (2) |
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Application III Amplifying Human Dignity in Practice |
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12 | (5) |
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PART I Theorizing the relationship between human dignity and international human rights law |
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2 Dignity's Contentious History |
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17 | (36) |
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Human Dignity: Origins and Orientation |
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17 | (4) |
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The Kantian Conception of Human Dignity |
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21 | (6) |
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Criticisms of the Kantian Conception |
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27 | (2) |
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Samuel Moyn on Dignity's Secret Catholicism |
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29 | (6) |
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The Internationalization of Dignity |
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35 | (5) |
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Providing New Theoretical Frameworks for Human Dignity |
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40 | (8) |
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Critical Legal Studies and Human Dignity |
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48 | (5) |
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3 A Critical Legal Conception of Human Dignity |
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53 | (32) |
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The Need for a New Conception of Human Dignity |
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53 | (2) |
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Dignified Self-Author ship |
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55 | (4) |
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Dignity and Expressive Capabilities |
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59 | (6) |
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Why Dignified Self-Authorship is Important |
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65 | (11) |
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A Critical Legal Model of Rights |
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76 | (9) |
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4 The State, International Human Rights Law and the Amplification of Human Dignity in Practice |
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85 | (44) |
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Introduction: Critical Legal Theory, Human Rights and International Human Rights Law |
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85 | (2) |
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A Very Brief History of International Human Rights Law and the State |
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87 | (5) |
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Theorizing a New Relationship between International Human Rights Law and the State |
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92 | (19) |
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I A Reply to Schmittian Arguments |
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92 | (12) |
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II International Human Rights Law and the Establishment of the Rightful Condition International Human Rights Law and the Twinned |
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104 | (7) |
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Rights: Bringing the Domestic and the International Together The Rights of Non-Citizens |
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111 | (11) |
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International Human Rights Law as a Steering Mechanism for Realizing Human Dignity |
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122 | (7) |
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PART II Realizing human dignity in the practice of international human rights law |
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5 Realizing Human Dignity Through Amplifying Democratic Rights |
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129 | (32) |
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129 | (9) |
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Expanding Voting Rights: Aziz v Cyprus |
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138 | (5) |
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Establishing the Rightful Condition for All: Hirst v United Kingdom |
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143 | (9) |
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Developing Democratic Institutions: Riza and Others v Bulgaria |
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152 | (6) |
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Conclusion: the Potential of International Human Rights Law to Establish the Rightful Condition Through Respecting the Right to Democratic Self-Authorship |
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158 | (3) |
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6 Realizing Human Dignity Through Establishing Rights to an Equality of Expressive Capabilities |
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161 | (38) |
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Introduction: What Does a Right to an Equality of Expressive Capabilities Mean in Practice? |
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161 | (7) |
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DH v Czech Republic and Securing the Right to an Education |
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168 | (12) |
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The Right to Housing: Government of South Africa and Others v Grootboom |
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180 | (12) |
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Can the Economic, Social and Cultural Rights of Non-Citizens be Made Justiciable? |
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192 | (7) |
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7 Concluding Remarks on What it Means to Overcome False Necessity |
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199 | (4) |
Notes |
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203 | (34) |
Bibliography |
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237 | (10) |
Index |
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247 | |