Pregled bibliografske jedinice broj: 1283335
Slavery and Beyond through the Lens of Judicial Reasoning – Criminal Justice and Human Rights Approaches and Perspectives
Slavery and Beyond through the Lens of Judicial Reasoning – Criminal Justice and Human Rights Approaches and Perspectives // Naming, Defining, Phrasing Strong Asymmetrical Dependencies-A Textual Approach / Bischoff, Jeannine ; Conermann, Stephan ; Gymnich, Marion (ur.).
Bonn: DeGruyter, 2023. str. 285-309 doi:10.1515/9783111210544-012
CROSBI ID: 1283335 Za ispravke kontaktirajte CROSBI podršku putem web obrasca
Naslov
Slavery and Beyond through the Lens
of Judicial Reasoning – Criminal Justice
and Human Rights Approaches
and Perspectives
Autori
Herceg Pakšić, Barbara
Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni
Knjiga
Naming, Defining, Phrasing Strong Asymmetrical Dependencies-A Textual Approach
Urednik/ci
Bischoff, Jeannine ; Conermann, Stephan ; Gymnich, Marion
Izdavač
DeGruyter
Grad
Bonn
Godina
2023
Raspon stranica
285-309
ISBN
9783111200705
Ključne riječi
slavery, criminal justice, human rights, judicial reasoning
Sažetak
Practiced from the earliest beginnings of humanity, slavery and similar relationships continue to evoke scientific curiosity. The prohibition of slavery is an indicator of societal evolution and is incorporated into all major international human rights instruments and almost all national legal systems in the world. Reasoning in national and international courts is an important part of the necessity of slavery disapproval and condemnation. The central research question of this paper evolves around judicial reasoning in slavery case law, from a human rights law and criminal law perspective. Do we have an approach adequate to modern society’s conditions? Emphasis is placed on observed slavery understandings and their (un)functionality in this area, as well as on differences in judicial reasoning with the consequence of (un)certainty of assessment criteria. The selected and compared judgements well reflect how a slavery ban is brought to life, what concept is accepted in court reasoning, what legal terminology and assessment standards are used and what are the factors indicative of slavery qualification. The found judicial connection of the definition of slavery with the nowadays legally impossible or unviable concept – ownership of a human being – directs us to research and to advocate for possibilities of more suitable legal solutions, adjusted to the spirit of time. This research focuses on the difference between the approach to understanding slavery within the perspective of human rights and criminal justice, with the latter perspective appearing more open to advanced ideas and further steps in the contemporary interpretation of slave relations.
Izvorni jezik
Engleski
Znanstvena područja
Pravo
