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Human Rights

By Hersch Lauterpacht

An overseas invoice of the Rights of Man, first released in 1945, is among the seminal works on overseas human rights legislation. Its writer, Sir Hersch Lauterpacht, is greatly thought of to be one of many nice foreign legal professionals of the 20 th century. It maintains to steer these learning and dealing in overseas human rights legislations this day. It contains Professor Lauterpacht's examine of typical legislation and average correct; and Professor Lauterpacht's personal draft invoice of Human Rights.

This republication once more makes this ebook on hand to students and scholars within the box. It contains a new advent by way of Professor Philippe Sands, quality controls, reading the realm during which An foreign invoice of the Rights of Man used to be initially released and the lasting legacy of this vintage paintings.

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Example text

There is no means of excluding the operation of that human element. Within the same national group there exist restraints upon the unavoidable power of judges: these are the community of national tradition, the overwhelming sentiment (from which judges are not immune) of national solidarity and of the higher national interest, the corrective and deterrent influence of public opinion, and, in case of a clear abuse of judicial discretion, the relatively speedy operation of political checks and remedies.

In relation to such matters it is of special significance that the judicial duty of applying the law must be fulfilled by human beings with their own philosophies and prejudices. There is no means of excluding the operation of that human element. Within the same national group there exist restraints upon the unavoidable power of judges: these are the community of national tradition, the overwhelming sentiment (from which judges are not immune) of national solidarity and of the higher national interest, the corrective and deterrent influence of public opinion, and, in case of a clear abuse of judicial discretion, the relatively speedy operation of political checks and remedies.

H. Lauterpacht Cambridge, Eng. October, 1944 This page intentionally left blank Part I The Law of Nature, The Law of Nations, and The Rights of Man This page intentionally left blank chapter i INTRODUCTION The international recognition and protection of the rights of man is, in strict juridical logic, independent of any doctrine of natural law and natural rights. In fact, it might be argued—and it has actually been maintained—that the main reason for the significant and revolutionary innovation implied in an International Bill of the Rights of Man is the realization of the utter inadequacy of the notion of natural rights to protect effectively the rights of man.

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