Download or read book Human Rights Law and Personal Identity written by Jill Marshall and published by Routledge. This book was released on 2014-06-20 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.
Download or read book Identity and the Case for Gay Rights written by David A. J. Richards and published by University of Chicago Press. This book was released on 1999 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. THE RACIAL ANALOGY
Download or read book Legalizing Identities written by Jan Hoffman French and published by Univ of North Carolina Press. This book was released on 2009 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthropologists widely agree that identities_even ethnic and racial ones_are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve
Download or read book Identity Personhood and the Law written by Charles Foster and published by Springer. This book was released on 2017-03-14 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature.
Download or read book Identities Politics and Rights written by Austin Sarat and published by University of Michigan Press. This book was released on 1997-10-08 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reevaluation of how rights liberate and constrain human behavior
Download or read book Rights of Inclusion written by David M. Engel and published by University of Chicago Press. This book was released on 2003-06-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how civil rights legislation impacts the lives of ordinary Americans, drawing on the experiences of sixty interviewees that have been victims of discrimination to discuss how civil rights impacted their lives.
Download or read book Identities and Freedom written by Allison Weir and published by Oxford University Press, USA. This book was released on 2013-03-21 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we think about identities in the wake of feminist critiques of identity and identity politics? In Identities and Freedom, Allison Weir rethinks conceptions of individual and collective identities in relation to freedom. Drawing on Taylor and Foucault, Butler, Zerilli, Mahmood, Mohanty, Young, and others, Weir develops a complex and nuanced account of identities that takes seriously the ways in which identity categories are bound up with power relations, with processes of subjection and exclusion, yet argues that identities are also sources of important values, and of freedom, for they are shaped and sustained by relations of interdependence and solidarity. Moving out of the paradox of identity and freedom requires understanding identities as effects of multiple contesting relations of power and relations of interdependence. "This is a terrific book, one that stakes out an original and distinctive position in some well-worn debates, and that brings together diverse bodies of theory in an insightful and productive way. It is a real gem. It offers substantial new insights into how feminist theorists can go on in the wake of the relentless critique of the notion of identity. The book will make a significant contribution to ongoing debates in feminist theory over the vexed question of identity - a question that is absolutely central to feminist theory, and has been so for at least the last twenty years." - Amy Allen, Department of Philosophy, Dartmouth College "This book makes great contributions to the feminist literature by reconceptualizing IDENTITY in terms of connectedness and FREEDOM in terms of practices of belonging. Through a fascinating and innovative synthesis of Michel Foucault and Charles Taylor, Weir's communitarian approach develops new arguments for the need to cultivate resistant identities and resistant communities. This impressive book is full of original ideas masterfully articulated in critical engagements with leading feminist scholars such as Saba Mahmood, Cynthia Willett, Iris Young, and Linda Zerilli. This provocative book is a must read for anyone interested in contemporary discussions of freedom, resistance, identity, and community." - José Medina, Department of Philosophy, Vanderbilt University
Download or read book Legal Identity Race and Belonging in the Dominican Republic written by Eve Hayes de Kalaf and published by Anthem Press. This book was released on 2021-11-02 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical perspective into social policy architectures primarily in relation to questions of race, national identity and belonging in the Americas. It is the first to identify a connection between the role of international actors in promoting the universal provision of legal identity in the Dominican Republic with arbitrary measures to restrict access to citizenship paperwork from populations of (largely, but not exclusively) Haitian descent. The book highlights the current gap in global policy that overlooks the possible alienating effects of social inclusion measures promulgated by international organisations, particularly in countries that discriminate against migrant-descended populations. It also supports concerns regarding the dangers of identity management, noting that as administrative systems improve, new insecurities and uncertainties can develop. Crucially, the book provides a cautionary tale over the rapid expansion of identification practices, offering a timely critique of global policy measures which aim to provide all people everywhere with a legal identity in the run-up to the 2030 UN Sustainable Development Goals (SDGs).
Download or read book Social Identity and the Law written by Barbara L. Graham and published by Routledge. This book was released on 2018-10-11 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Identity and the Law: Race, Sexuality and Intersectionality is an important resource for inquiry into the relationship between law and social identity in the contexts of race, sexuality and intersectionality in the United States. The book provides a systematic legal treatment of selected historical and contemporary civil rights and social justice issues in areas affecting African Americans, Latinos/as, Asian Americans and LGBTQ persons from a law and politics perspective. It covers topics such as the legal and social construction of social identity, slavery and the rise of Jim Crow, discrimination based on national origin and citizenship, educational equity, voting rights, workplace discrimination, discrimination in private and public spaces, regulation of intimate relationships, marriage and reproductive justice, and criminal justice. Lecturers will benefit from: Fifty-seven excerpted cases accompanied with engaging questions presented at the beginning of each case to stimulate class discussion. An eResource including 129 supplemental case excerpts and case briefs for all excerpted cases appearing in the book. Suggested reading lists at the end of each chapter recommending key articles and books to help students survey the academic literature on the topics. With a logical chapter structure and accessible writing style, this textbook is an essential companion for use on undergraduate courses on American constitutional law, civil liberties and civil rights, social justice, and race and law.
Download or read book Gender Identity and the Law written by David B. Cruz and published by . This book was released on 2020-12-30 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book After Identity written by Dan Danielsen and published by Routledge. This book was released on 2013-10-11 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.
Download or read book Legalized Identities written by Lucas Lixinski and published by Cambridge University Press. This book was released on 2021-04-08 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.
Download or read book Human Rights Sexual Orientation and Gender Identity written by Anne Hellum and published by Routledge. This book was released on 2018-04-19 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law’s growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children’s experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.
Download or read book Personal Freedom Through Human Rights Law written by Jill Marshall and published by BRILL. This book was released on 2009 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.
Download or read book Law and Identity in Mandate Palestine written by Assaf Likhovski and published by Univ of North Carolina Press. This book was released on 2006-12-08 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together. Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski. It was also a way of answering the question, "Who are we?" British officials, Jewish lawyers, and Arab scholars all turned to the law in their search for their identities, and all used it to create and disseminate a hybrid culture in which Western and non-Western norms existed simultaneously. Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.
Download or read book Digital Identity an Emergent Legal Concept written by Clare Sullivan and published by University of Adelaide Press. This book was released on 2011 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new legal concept of identity. As transactions once based on personal relationships are increasingly automated, it is inevitable that our traditional concept of identity will need to be redefined. This book examines the functions and legal nature of an individual's digital identity in the context of a national identity scheme. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia which are likely to establish such a scheme in the near future. Under a national identity scheme, being asked to provide ID will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape. The author examines the implications for individuals, businesses and government against a background of identity crime.
Download or read book The Ethics of Identity written by Kwame Anthony Appiah and published by Princeton University Press. This book was released on 2023-10-03 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold vision of liberal humanism for navigating today’s complex world of growing identity politics and rising nationalism Collective identities such as race, nationality, religion, gender, and sexuality clamor for recognition and respect, sometimes at the expense of other things we value. To what extent do they constrain our freedom, and to what extent do they enable our individuality? Is diversity of value in itself? Has the rhetoric of human rights been overstretched? Kwame Anthony Appiah draws on thinkers through the ages and across the globe to explore such questions, developing an account of ethics that connects moral obligations with collective allegiances and that takes aim at clichés and received ideas about identity. This classic book takes seriously both the claims of individuality—the task of making a life—and the claims of identity, these large and often abstract social categories through which we define ourselves.
