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OverviewFull Product DetailsAuthor: Paul JohnsonPublisher: Taylor & Francis Ltd Imprint: Routledge Dimensions: Width: 15.60cm , Height: 1.80cm , Length: 23.40cm Weight: 0.385kg ISBN: 9780415632638ISBN 10: 0415632633 Pages: 256 Publication Date: 10 March 2014 Audience: College/higher education , General/trade , Tertiary & Higher Education , General Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsTable of cases. Preface Introduction. PART 1: MAKING THE HOMOSEXUAL OF HUMAN RIGHTS 1. Emerging voices: homosexuality and the Commission 1955-1980. 2. An ontological struggle: the Court and the homosexual since 1981. PART 2: METHODS AND MORALS 3. Homosexuality in the judicial laboratory: instruments, interpretations, and evolutions. PART 3: EXISTING JURISPRUDENCE AND POTENTIAL FUTURE DEVELOPMENTS 4. ‘An essentially private manifestation of the human personality’: the limitations of Article 8. 5. The anti-discrimination provisions of the Convention: Article 14 and Protocol 12. 6. A right to marriage? Same-sex relationships and Article 12. 7. Expression, Assembly and Association: Articles 10 and 11. 8. Humiliation and debasement: degrading treatment and Article 3 Conclusion. Bibliography. Appendix 1: European Convention on Human Rights (truncated). Appendix 2: Chronological list of Decisions and Judgments of the Strasbourg organs in respect of homosexuality. IndexReviewsJohnson's book provides an incredibly thorough discussion of the sheer range of cases dealing with homosexuality that have come before the Court since its inception. It is clearly a useful and thought-provoking text for anybody interested in the Court's jurisprudence in regard to homosexuality and its engagement with 'moral' issues more generally - Flora Renz, Social and Legal Studies, 2014, Vol.23(2), 275-277. Johnson's book provides an incredibly thorough discussion of the sheer range of cases dealing with homosexuality that have come before the Court since its inception. It is clearly a useful and thought-provoking text for anybody interested in the Court's jurisprudence in regard to homosexuality and its engagement with 'moral' issues more generally - Flora Renz, Social and Legal Studies, 2014, Vol.23(2), 275 277. [Homosexuality and the European Court of Human Rights] provides an extremely well detailed and clear analysis, that combines descriptive sections and prescriptive suggestions. The peculiar socio-legal perspective offers an original interpretation of the reasoning of the Court and it highlights how the legal culture of the Court, the scope that judges attribute to law and the moral judgment about the issue at stake shape the structure of legal actions and the judicial interpretation of the Convention. In conclusion, the Author's final remarks appear decisively convincing. Johnson, indeed, argues in favour of an explicit recognition of the Court in terms of a moral equality between heterosexuality and homosexuality and he advocates for a redefinition of the legal notion of homosexuality, so as to better legitimate the wide range of homosexual claims and secure the European safeguard of rights to which gay and lesbians are entitled. - Silvia Falcetta (University of Milan), Sociologia del diritto, 2(2), 2013. Johnson's book provides an incredibly thorough discussion of the sheer range of cases dealing with homosexuality that have come before the Court since its inception. It is clearly a useful and thought-provoking text for anybody interested in the Court's jurisprudence in regard to homosexuality and its engagement with 'moral' issues more generally - Flora Renz, Social and Legal Studies, 2014, Vol.23(2), 275-277. [Homosexuality and the European Court of Human Rights] provides an extremely well detailed and clear analysis, that combines descriptive sections and prescriptive suggestions. The peculiar socio-legal perspective offers an original interpretation of the reasoning of the Court and it highlights how the legal culture of the Court, the scope that judges attribute to law and the moral judgment about the issue at stake shape the structure of legal actions and the judicial interpretation of the Convention. In conclusion, the Author's final remarks appear decisively convincing. Johnson, indeed, argues in favour of an explicit recognition of the Court in terms of a moral equality between heterosexuality and homosexuality and he advocates for a redefinition of the legal notion of homosexuality, so as to better legitimate the wide range of homosexual claims and secure the European safeguard of rights to which gay and lesbians are entitled. - Silvia Falcetta (University of Milan), Sociologia del diritto, 2(2), 2013. """Johnson’s book provides an incredibly thorough discussion of the sheer range of cases dealing with homosexuality that have come before the Court since its inception. It is clearly a useful and thought-provoking text for anybody interested in the Court’s jurisprudence in regard to homosexuality and its engagement with ‘moral’ issues more generally"" - Flora Renz, Social and Legal Studies, 2014, Vol.23(2), 275277. ""Johnson’s book provides an incredibly thorough discussion of the sheer range of cases dealing with homosexuality that have come before the Court since its inception. It is clearly a useful and thought-provoking text for anybody interested in the Court’s jurisprudence in regard to homosexuality and its engagement with ‘moral’ issues more generally"" - Flora Renz, Social and Legal Studies, 2014, Vol.23(2), 275277. ""[Homosexuality and the European Court of Human Rights] provides an extremely well detailed and clear analysis, that combines descriptive sections and prescriptive suggestions. The peculiar socio-legal perspective offers an original interpretation of the reasoning of the Court and it highlights how the legal culture of the Court, the scope that judges attribute to law and the moral judgment about the issue at stake shape the structure of legal actions and the judicial interpretation of the Convention. In conclusion, the Author's final remarks appear decisively convincing. Johnson, indeed, argues in favour of an explicit recognition of the Court in terms of a moral equality between heterosexuality and homosexuality and he advocates for a redefinition of the legal notion of homosexuality, so as to better legitimate the wide range of homosexual claims and secure the European safeguard of rights to which gay and lesbians are entitled. - Silvia Falcetta (University of Milan), Sociologia del diritto, 2(2), 2013." Author InformationPaul Johnson is Professor of Sociology at the University of York. Tab Content 6Author Website:Countries AvailableAll regions |
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