Dr Kai Moller NAB7.01

This course is available on the MSc in Human Rights, Master of Laws and Master of Laws (extended part-time study). This course is available with permission as an outside option to students on other programmes where regulations permit.

Some knowledge of human rights law of any jurisdiction may be helpful, but is not essential. A knowledge of philosophy is not required.

The course will provide an introduction to the philosophy of human rights and theoretical issues in human rights law. The emphasis is on a combination of law and theory; to this end, each seminar will rely on a mixture of cases from various jurisdictions and theoretical and philosophical materials. The overarching questions to be examined are to what extent current philosophical theories of human rights can illuminate our understanding of the cases and legal doctrines, and to what extent the cases and doctrines can help improving the theoretical and philosophical understanding of human rights. Topics to be discussed will include: Negative and Positive Freedom; Theories of Human Rights; Ronald Dworkin's Theory of Rights; Balancing and Proportionality; Rights Inflation; Human Rights and Judicial Review I (The American Perspective); Human Rights and Judicial Review II (The European Perspective); Absolute Rights.

20 hours of seminars in the MT. 2 hours of seminars in the ST.

One 2,000 word essay.

The course will rely on both cases from various jurisdictions and articles and book chapters from authors including Ronald Dworkin, Robert Alexy, James Griffin, Mattias Kumm, Jeremy Waldron and Frances Kamm.

Exam (100%, duration: 2 hours) in the main exam period.