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Love and Human Rights

Douglas, Benedict

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This article explains and critiques the protection of love within judgments concerning relationships under the Human Rights Act 1998. Using theory of emotion to conduct doctrinal analysis of the protection of love within international human rights laws and under the Human Rights Act 1998, it reveals a shift in the conception of love underlying the domestic judicial application of huamn rights. Whereas previously the law was underpinned by values of duty and property, judgments concerning relationships now protect the capacity of individuals to choose how to live. However, the protection of this modern conception of love is limited by judicial deference, allowing the values underpinning the historical conception of love to continue to influence the law.


Douglas, B. (in press). Love and Human Rights. Oxford Journal of Legal Studies,

Journal Article Type Article
Acceptance Date Jan 3, 2023
Online Publication Date Jan 11, 2023
Deposit Date Jan 16, 2023
Publicly Available Date Jan 16, 2023
Journal Oxford Journal of Legal Studies
Print ISSN 0143-6503
Electronic ISSN 1464-3820
Publisher Oxford University Press
Peer Reviewed Peer Reviewed


Published Journal Article (260 Kb)

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Copyright Statement
© The Author(s) 2023. Published by Oxford University Press.<br /> This is an Open Access article distributed under the terms of the Creative Commons Attribution License (, which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.

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