Lethal force, the right to life and the ECHR : narratives of death and democracy / Stephen Skinner.

Format:

Book

Author/Creator:

Skinner, Stephen (Law teacher), author.

Language:

English

Subjects (All):

European Court of Human Rights.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5)--Article 2.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Law enforcement--Europe.

Law enforcement.

Police--Complaints against--Europe.

Police.

Right to life--Europe.

Right to life.

European Law.

Human Rights, Constitutional and Administrative Law.

Law.

Public International Law.

Local Subjects:

European Law.

Human Rights, Constitutional and Administrative Law.

Law.

Public International Law.

Physical Description:

1 online resource (198 pages)

Place of Publication:

London : Bloomsbury Publishing, 2019.

System Details:

Mode of access: World Wide Web.

text file

HTML

PDF

Summary:

"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."

Contents:

1. Introduction: From Death to Democracy

2. Narrative and Human Rights Law

3. Lethal Force, the Right to Life and Democratic Society: Key Connections

4. Substantive Dimensions of the Right to Life and Democratic Society

5. Procedural Dimensions of the Right to Life and Democratic Society

6. Purposes and Values in Right to Life Case Law on Lethal Force

7. Narratives of Death and Democracy

8. Conclusion

Notes:

Includes bibliographical references (pages 169-188) and index.

ISBN:

9781509995349

150999534X

9781509929535

1509929533

OCLC:

1154896991