The supreme principle of Justice and the development of the fundamental right to life quality of elders in posmodern times

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URI: http://hdl.handle.net/10900/97626
http://nbn-resolving.de/urn:nbn:de:bsz:21-dspace-976264
http://dx.doi.org/10.15496/publikation-39009
Dokumentart: Article
Date: 2011
Source: Oñati Socio-Legal Series, 1-8, 2011
Language: Spanish
Faculty: Kriminologisches Repository
Department: Kriminologie
DDC Classifikation: 340 - Law
360 - Social problems and services; associations
Keywords: Alter , Lebensqualität
Other Keywords:
Supreme Principle of Justice
Life Quality
Old Age
Elder Law
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Abstract:

The process of specification of Human Rights put on the public agenda the problems surrounding human beings as elders. For its part, Elder Law has managed to incorporate the Paradigm of Inclusion and the Human Rights Approach as a systemic whole. The Paradigm of Inclusion, is a reaction against the processes of discrimination against the elderly, and is recepted by the iusfundamental model, presenting a logic that aims at strengthening the autonomy of elderly subjects, preventing unwarranted intervention of third parties in their sphere of freedom. Elder Law, has built its core around the Fundamental Right to Life Quality of Elders. Consistent with our Integrative three-dimensional trialist perspective of the law, in its analysis, we unveiled the sociological axilogical and normative faces, dimensions that enrich us. It could not be otherwise, because the disengagement from the social and axiological dimension of old age, that is: putting aside the vicissitudes of the life of elders and their axiological meanings, would be to become willfully blind. The Supreme Principle of Justice requires organizing the group, that each one has a sphere of freedom -so broad-, that he can develop his personality, from individual to person. The challenge of the Law in Postmodern times is to maintain the humanist sense of the system, and to understand the demands of a global population that requires from it an unprecedented effort for its organization.

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