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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Individual Duty Within a Human Rights Discourse

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Douglas HodgsonSenior Lecturer in Law, University of Western Australia, Perth, Australia

ISBN13: 9780754623618
ISBN: 0754623610
Published: April 2005
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: £95.00

This text identifies and analyses legal duties arising for individuals under international and national (constitutional) law, while references are made from time to time to moral duties. As will become apparent, the meaning of the concept of duty, the manner in which duties are performed and the degree of emphasis and importance attached to them, varies across different cultures, belief systems and historical traditions, as well as political, socio-economic and legal systems. Such duties include the obligation to pay taxes, the responsibility to provide maintenance and a basic education for one's children, the duty to undertake military service for a specified period and the duty to obey the constitution and other laws. Of particular interest is the controversial and emerging trend to recognize individuals as the bearers of duties under international law.

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The historical development of the principle of duty and its contemporary philosophical sources; The taxonomy of duties; Religion, ethics and the principle of individual duty; Individual criminal responsibility under international law; The position of individual duty within the international and regional human rights system
Particular individual duties explicitly recognized under international and regional human rights law and by national law; Socialism and individual duty; Impoverished ""Rights Talk"", the sociology of duty and the re-emergence of communitarianism; The enforcement of individual duties.