Rechtskulturen Conversation
Tue 15 Nov 2011 | 09:00–12:00

An Integrated Theory of Comparative Human Rights Law

Christopher McCrudden (Oxford/Ann Arbor)

Wissenschaftskolleg zu Berlin, Villa Jaffé, Wallotstr. 10, 14193 Berlin

“I aim to produce a monograph examining the legal meaning of human rights, their significance in theory and in practice, and the approaches taken by legal institutions that protect and advance them. The approach adopted will be ‘law-led’ but informed by other disciplinary perspectives. My research builds on my extensive previous work and will develop an integrated theory of human rights law. This ‘integrated’ theory will consider that body of law from several differing perspectives. My aim is to bring together and bridge these differing legal and non-legal perspectives to enable a description of human rights law to emerge that explains not just the legal rules and principles, but also their context. As a result, the rules and principles become more meaningful to non legal actors. This approach also helps to contribute to the translation of the rules and principles into practical action by those in the legal system. The legal perspectives I draw on are: comparative law, international law, several ‘external’ approaches to law, and legal practice. There is no existing book that systematically adopts this approach. A successful study of this type will have significant impacts on judicial decision-making and political policy, as well as legal and non-legal scholarship. Just as Monet’s series of paintings of Rouen Cathedral capture the façade of the cathedral from different points of view, my intention is to draw on the different perspectives to be discussed (…) to provide a richer, fuller, and more integrated picture of a complex phenomenon, one which is well on the way to becoming of paramount global significance, both legally and politically.” Christopher McCrudden


(Invitation only)

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