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 77 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 Personhood and Identity in American Law written by Anna Rutherford Kirkland and published by . This book was released on 2005 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Subjectivity Citizenship and Belonging in Law written by Anne Griffiths and published by Taylor & Francis. This book was released on 2016-10-04 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.
Download or read book Personal Identity in Moral and Legal Reasoning written by Richard Prust and published by Vernon Press. This book was released on 2019-10-31 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.
Download or read book Constructing the Person in EU Law written by Loïc Azoulai and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
Download or read book After Identity written by Dan Danielsen and published by Psychology Press. This book was released on 1995 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
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 Locke on Persons and Personal Identity written by Ruth Boeker and published by Oxford University Press, USA. This book was released on 2021-03 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Locke on Persons and Personal Identity offers a fresh perspective on Locke's accounts of personal identity within the context of his broader philosophical ideas and the philosophical debates of his day.
Download or read book The Law Is a White Dog How Legal Rituals Make and Unmake Persons written by Colin Dayan and published by Princeton University Press. This book was released on 2013-03-03 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
Download or read book Normative Subjects written by Meir Dan-Cohen and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining constructivist and hermeneutical themes, this book explores normative aspects of human self creation seen as a matter of fixing and elaborating the values and norms that shape human identity, individually and collectively. The book focuses especially on a conception of dignity as the value that accrues to us qua authors of the meanings constitutive of human life.
Download or read book Persons and Personal Identity written by Amy Kind and published by John Wiley & Sons. This book was released on 2015-10-02 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: As persons, we are importantly different from all other creatures in the universe. But in what, exactly, does this difference consist? What kinds of entities are we, and what makes each of us the same person today that we were yesterday? Could we survive having all of our memories erased and replaced with false ones? What about if our bodies were destroyed and our brains were transplanted into android bodies, or if instead our minds were simply uploaded to computers? In this engaging and accessible introduction to these important philosophical questions, Amy Kind brings together three different areas of research: the nature of personhood, theories of personal identity over time, and the constitution of self-identity. Surveying the key contemporary theories in the philosophical literature, Kind analyzes and assesses their strengths and weaknesses. As she shows, our intuitions on these issues often pull us in different directions, making it difficult to develop an adequate general theory. Throughout her discussion, Kind seamlessly interweaves a vast array of up-to-date examples drawn from both real life and popular fiction, all of which greatly help to elucidate this central topic in metaphysics. A perfect text for readers coming to these issues for the first time, Persons and Personal Identity engages with some of the deepest and most important questions about human nature and our place in the world, making it a vital resource for students and researchers alike.
Download or read book Notes from the Field written by Anna Deavere Smith and published by Anchor. This book was released on 2019-05-21 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Smith’s powerful style of living journalism uses the collective, cathartic nature of the theater to move us from despair toward hope.” —The Village Voice Anna Deavere Smith’s extraordinary form of documentary theater shines a light on injustices by portraying the real-life people who have experienced them. "One of her most ambitious and powerful works on how matters of race continue to divide and enslave the nation” (Variety). Smith renders a host of figures who have lived and fought the system that pushes students of color out of the classroom and into prisons. (As Smith has put it: “Rich kids get mischief, poor kids get pathologized and incarcerated.”) Using people’s own words, culled from interviews and speeches, Smith depicts Rev. Jamal Harrison Bryant, who eulogized Freddie Gray; Niya Kenny, a high school student who confronted a violent police deputy; activist Bree Newsome, who took the Confederate flag down from the South Carolina State House grounds; and many others. Their voices bear powerful witness to a great iniquity of our time—and call us to action with their accounts of resistance and hope.
Download or read book Right to Identity written by Paul Tiedemann and published by . This book was released on 2016-01-27 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the case law of the Inter-American Court of Human Rights, the catalogue of human rights as it is expressed in the American Convention of Human Rights, as well as in all the other international codifications of human rights, contains a serious gap. It does not provide a particular right for the protection of identity. Therefore, the Court demands the creation of an unwritten "human right to identity" by case law in addition to the written codices of human rights in international law. The philosophers, lawyers and political scientists joined in this book discuss this assumption under different aspects and from different cultural and legal backgrounds (Brazil, China, Germany, Japan, and Turkey). The book contains contributions that analyze the meaning(s) of the concept "identity" based on an individual approach as well as on the basis of a collective approach. It deals with certain aspects of identity in the context of certain fields of positive law, including criminal law and family law, and it questions the real need for a new right to identity
Download or read book Not Only for Myself written by Martha Minow and published by . This book was released on 1999-06-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rights can individuals claim by virtue of membership in historically oppressed groups? How do these claims conflict with membership in larger communities, such as progressive political movements or the American nation? In her multi-faceted investigation of the thorny legal and social terrain mapped out by these questions, noted scholar Martha Minow offers lawyers and lay readers alike a broader understanding of the legal issues bearing on such incendiary questions as affirmative action, segregation, gay and lesbian rights, racial redistricting, and "identity politics." Not Only for Myself uses well-known incidents, such as the furor over the casting of Miss Saigon and the confirmation hearings of Supreme Court Justice Clarence Thomas to explain the legal concepts behind court decisions affecting all our lives.
Download or read book Personhood Identity and Care in Advanced Old Age written by Higgs, Paul and published by Policy Press. This book was released on 2016-10-05 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we sustain agency and identity amidst the frailty of advanced old age? What role does care play in this process? Pushing forward new sociological theory, this book explores the theoretical and practical issues raised by age and infirmity. It begins with a theoretical examination of the fourth age, interrogating notions of agency, identity and personhood, as well as the impact of frailty, abjection and ‘othering’. It then applies this analysis to issues of care. Exploring our collective hopes and fears concerning old age and the ends of people’s lives, this is essential reading on one of the biggest social issues of our time.
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.
Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by Oxford University Press, USA. This book was released on 2020-01-16 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.
