No open-access location is known for this record yet.
No open-access location is known for this record yet.
Joseph Boyle, building on an argument of Elizabeth Anscombe, showed that absolute (indefeasible, exceptionless) moral norms would, as a set, be incoherent and paradoxical, even self-contradictory, unless they are specified in terms, not of what the forbidden kind of act actually or foreseeably causes, but of the precise intent with which the act is done. The present article extends the argument to absolute human rights, such as the right not to be tortured or subjected to inhuman or degrading treatment (European Convention on Human Rights). The article then shows that the European Court of Human Rights, by extending that right so that it is violated by every decision to deport someone where doing so would result in a “real risk” that the deportee will be subjected to such treatment by or in the receiving state, has created incoherence of the kind that Anscombe and Boyle pointed to.
Loading…
Imported from OpenAlex (CC0) — nothing here is generated.