In its case law on the use of lethal and potentially lethal force, the
European Court of Human Rights declares a fundamental connection
between the right to life in Article 2 of the European Convention on
Human Rights and democratic society. This book discusses how that
connection can be understood by using narrative theory to explore
Article 2 law's specificities and its deeper historical, social and
political significance. Focusing on the domestic policing and law
enforcement context, the book draws on an extensive analysis of case
law from 1995 to 2017. It shows how the connection with democratic
society in Article 2's substantive and procedural dimensions
underlines the right to life's problematic duality, as an expression
of a basic value demanding a high level of protection and a
contextually limited provision allowing states leeway in the use of
force. Emphasising the need to identify clear standards in the
interpretation and application of the right to life, the book argues
that Article 2 law's narrative dimensions bring to light its core
purposes and values. These are to extract meaning from pain and death,
ground democratic society's foundational distinction between
acceptable force and unacceptable violence, and indicate democratic
society's essential attributes as a restrained, responsible and
reflective system.
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Narratives of Death and Democracy
Produktdetaljer
ISBN
9781509929535
Publisert
2020
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter