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The Owl of Minerva : Essays on Human Rights (Hardcover)

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The title of this book is taken from G.W.F. Hegel and refers to the idea that philosophy cannot be prescriptive because it understands only in hindsight. The same holds true for conceptions of human rights. In these thought-provoking essays, the author examines the dialectic relationship between ''rule of law'' and ''law and order,'' between ''state'' and ''individual,'' and between ''judicial power of logic'' vs. ''executive logic of power''. These dynamic contradictions are never resolved. On the contrary, they are the motor of development and they inspire judicial reasoning and the balancing of justice vis--vis power and arbitrariness. The Owl of Minerva is divided into three parts. The first part addresses human rights in the context of constitutional criminal procedure. It shows that the idea of impartial adversary adjudication is essentially incompatible with the function of truth-finding. Procedural safeguards in adjudication have been created because of the imbalance in power between the


Publisher Eleven Intl Pub
Mfg Part# 9789077596470
SKU 207336356
Format Hardcover
ISBN10 907759647X
Release Date 6/11/2013

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