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Love and Human Rights.

Benedict Douglas1

  • 1Durham University.

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|June 8, 2023
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Summary
This summary is machine-generated.

The Human Rights Act 1998 now protects individuals' capacity to choose their relationships, shifting from historical notions of duty and property. However, judicial deference limits this modern protection of love.

Keywords:
family lawhuman rightsimmigration lawlegal theorylovesexuality

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Area of Science:

  • Law and Society
  • Human Rights Law
  • Philosophy of Emotion

Background:

  • The Human Rights Act 1998 governs relationship judgments in the UK.
  • Historical legal conceptions of love were based on duty and property.
  • Contemporary legal analysis requires understanding evolving concepts of love.

Purpose of the Study:

  • To critique the protection of love in relationship judgments under the Human Rights Act 1998.
  • To analyze the shift in the conception of love within human rights law.
  • To examine the influence of emotion theory on legal doctrines.

Main Methods:

  • Doctrinal analysis of legal judgments.
  • Application of emotion theory to legal concepts.
  • Comparative analysis of historical and contemporary human rights law.

Main Results:

  • Judgments concerning relationships under the Human Rights Act 1998 demonstrate a shift towards protecting individual autonomy and choice.
  • The modern conception of love protected by law emphasizes the capacity for individuals to choose how to live.
  • Judicial deference to historical legal values limits the full realization of this modern conception of love.

Conclusions:

  • The legal protection of love has evolved from duty and property to individual choice.
  • The Human Rights Act 1998 reflects a changing understanding of love in legal judgments.
  • Further reform is needed to overcome judicial deference and fully protect evolving conceptions of love.