BOOKS
The Owl of Minerva
Essays on Human Rights
The title of this book is taken from G.W.F. Hegel and refers to the idea that philosophy cannot be prescriptive because it understands only in hindsight. The same holds true for conceptions of human rights. In these thought-provoking essays, the author examines the dialectic relationship between 'rule of law' and 'law and order,' between 'state' and 'individual,' and between 'judicial power of logic' vs. 'executive logic of power'. These dynamic contradictions are never resolved. On the contrary, they are the motor of development and they inspire judicial reasoning and the balancing of justice vis--vis power and arbitrariness. The Owl of Minerva is divided into three parts. The first part addresses human rights in the context of constitutional criminal procedure. It shows that the idea of impartial adversary adjudication is essentially incompatible with the function of truth-finding. Procedural safeguards in adjudication ...
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The Owlets of Minerva
Human Rights in the Practice of the European Court of Human Rights
This collection of legal opinions gives an account of Judge Bostjan Zupancic's views regarding human rights. The book covers Judge Zupancic's individual separate opinions, including those joined by other judges, plus the joint opinions of several judges in which Judge Zupancic also participated. This is a companion volume to the author's The Owl of Minerva. The title of the book is taken from Hegel and refers to the idea that philosophy cannot be prescriptive because it understands only in hindsight. The same holds true for conceptions of human rights. Based on his many years of experience in the field, Judge Zupancic shares his thoughts about human rights and the role it plays in society ...
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