Reference : What Dignity Demands: From Political to Poetical Liberalism
Dissertations and theses : Doctoral thesis
Law, criminology & political science : Multidisciplinary, general & others
Law / European Law
http://hdl.handle.net/10993/31764
What Dignity Demands: From Political to Poetical Liberalism
English
Mailey, Richard Samuel David[University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
27-Mar-2017
University of Luxembourg, Luxembourg, Luxembourg
Docteur en Droit
328
Van Der Walt, Johan Willem Gous
Braum, Stefan
Christodoulidis, Emilios
Veitch, Scott
Minkkinen, Panu
[en] Liberalism ; Rawls ; Constitutionalism
[en] The thesis attempts to measure the disjoint between the promise of human dignity that appears at the heart of Western law (e.g. in national constitutions and international human rights instruments), and the experiences of exclusion and frustration that, in 2017, have seen many Westerners turn to anti-liberal, populist demagogues for relief. In measuring this disjoint, the thesis looks to the work of liberal and anti-liberal theorists alike, including John Rawls, Bruce Ackerman, Carl Schmitt and Jacques Derrida. It then uses the insights gained to construct a liberal theory that can overcome the key problems identified, before using this theory to critically engage with the constitutional jurisprudence of three very different states: Canada, South Africa and the United States.