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Aug 31, 2024 · Love is a rich topic for recent moral philosophers, theologians, writers and social justice activists. Yet, normative concepts of love embedded in modern law are seldom closely examined by legal theorists. This article is the first to illustrate that the concept of unconditional love plays significant roles across diverse areas of the positive law.
- Introduction
- What Is Love?
- The Place of Love in The Law Prior to The Human Rights Act
- Love in The Time of Human Rights
- Conclusion
The constancy of love as a theme in music and literature shows its importance to us. Human rights recognise and protect our equal inherent dignity, and specific rights recognise the importance of our relationships as part of this.1However, love has different meanings, and rights that protect relationships do not explicitly mention or define love. T...
Through arts and sciences people have sought to understand love and its place in human experience and action.4So much so that it is not possible to look at every account of love, but two elements are common to different highly influential accounts of it. Love is a desire for togetherness with another, which affirms the identity of both the lover an...
Given the importance of love to human beings, and its reflection of the morality of each age, it is unsurprising that the modern account of love is consistent with the values underpinning human rights. However, the UK has only recently legislated to recognise human rights, and in this section I draw together arguments to show that, prior to the HRA...
The effect of the duty and property conception of love has significantly diminished as a consequence of the creation of the HRA 1998. In this section I argue that, influenced by the ECtHR’s grounding of the Convention in the individual’s capacity for choice, the courts have given recognition and protection to a conception of love underpinned by the...
We have always told love stories, because love is important to us. Although not always engaging with it explicitly, the law has been shaped by understandings of this emotion in a way that reflects the prevailing moral values of society.223The HRA 1998 has required the courts to engage directly with the nature and protection of relationships, and th...
continue to define and redefine legal terms; the states are increasingly adopting uniform or model laws and rules; and new causes of action and legal concepts continue unabated. The vocabulary of the law has likewise continued to change and expand to keep pace. This has necessitated not only a significant
Feb 6, 2017 · Abstract. Both the free love tradition and philosophers appalled by the “love revolution” in marriage saw an antagonism between love and legal obligation. Marriage abolitionists and queer theorists have more recently argued against state legitimation of love relationships. This chapter briefly outlines the history of the concept of romantic ...
Nov 3, 2024 · Described by leading university lecturers as ‘the best law dictionary’ and ‘excellent for non-law students as well as law undergraduates’, this classic dictionary is an invaluable source of legal reference for professionals, students, and anyone else needing succinct clarification of legal terms. Focusing primarily on English law, it ...
Search the Definitions. n. unequal treatment of persons, for a reason which has nothing to do with legal rights or ability. Federal and state laws prohibit discrimination in employment, availability of housing, rates of pay, right to promotion, educational opportunity, civil rights, and use of facilities based on race, nationality, creed, color ...
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Dec 1, 2017 · The Meaning of Marriage. Helen Alvaré. Laws banning discrimination on the basis of sexual orientation — like laws banning discrimination on the grounds of race, sex, and other significant statuses — are a moral and social good, properly expressing the intrinsic and radical equality of every human person. Marriage, however, by law and by ...
