tag:blogger.com,1999:blog-8704899696538705849.post3224206853809079304..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: Jonathan Sumption’s view of human rights makes no sense in relation to the history of gay rights Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8704899696538705849.post-31993510306616425442019-07-09T01:35:15.175-07:002019-07-09T01:35:15.175-07:00Hear hear! It's a wor-outn and empty argument ...Hear hear! It's a wor-outn and empty argument that Sumption presents. Alas one that has been repeated in Dutch politics ad nauseam, and that people are inclined to start believeing by now. You make the point eloquenty and convincingly, and I wish more people did. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-34226213664307471672019-06-12T13:13:44.884-07:002019-06-12T13:13:44.884-07:00I listened to the lecture and I think that we shou...I listened to the lecture and I think that we should remember that democracy is not just a technique but also a range of values (that we accepted by mean of existence of an higher law/constitution) that we should protect over the current majority decisions. Not always the majority cares about minority groups. In modern law , human rights were conceived to protect all individuals as human beings not as majority. If we leave controversial decisions to politics , as the dr. Sumption suggest, we risk to validate discrimination. The judges do not stretch the interpretation beyond the line, they try to solve every day cases through a legal reasoning to strike a balance between different positions that arise from society. That's why they talk about a living instrument. Too many times in history we saw the Courts to face the development of moral issues within the society that Parliaments completely ignored. Let's take the example of the meaning of "public morality and decency" in italian legal system. Had it not been for the Courts , we shoul still to comply with the Fascist idea of good behaviour, since our civil code was written in 1942Mariateresahttps://www.blogger.com/profile/00590246513661354337noreply@blogger.com