Dignity and judicial authority / Rachel Bayefsky.
| Author/creator | Bayefsky, Rachel, 1987- |
| Other author | Oxford University Press. |
| Format | Electronic |
| Publication Info | New York : Oxford University Press, [2024] |
| Description | xviii, 184 pages ; 24 cm. |
| Supplemental Content | Full text available from Oxford Scholarship Online |
| Subjects |
| Series | Theoretical perspectives in law series |
| Contents | Mapping dignity -- Relational dignity -- Dignity and constitutional standing -- Dignity and tort law -- Dignity and judicial relief -- Dignity and apology. |
| Abstract | ""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. |
| Bibliography note | Includes bibliographical references and index. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Genre/form | Electronic books. |
| LCCN | 2024017270 |
| ISBN | 9780197750322 (hardback) |
| ISBN | (epub) |
Availability
| Library | Location | Call Number | Status | Item Actions |
|---|---|---|---|---|
| Electronic Resources | Access Content Online | ✔ Available |