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Author: Charles Foster Publisher: Springer ISBN: 3319534599 Category : Law Languages : en Pages : 70
Book Description
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.
Author: Charles Foster Publisher: Springer ISBN: 3319534599 Category : Law Languages : en Pages : 70
Book Description
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.
Author: Laurance J. Splitter Publisher: Springer ISBN: 981287481X Category : Education Languages : en Pages : 220
Book Description
This book approaches the concept of identity from both logical-linguistic and socio-cultural perspectives, and explores its implications for our understanding of who or what we persons really are. In the process, it bridges disciplines that often remain disconnected - most notably analytic philosophy and the social sciences - and offers a novel critique of citizenship and moral education, "identity politics", and other contemporary domains of inquiry. Although the book has a multi-disciplinary focus, it is philosophical in its overall orientation (but accessible to readers from outside philosophy) and educational in its mission (but of interest to readers who are not formally educators). Chapters 2-5 discuss the philosophical and (where appropriate) scientific dimensions of identity, chapters 6-7 explore its socio-cultural dimensions and chapter 8 examines its educational dimensions and implications. The book will be of particular interest to those researching or teaching civics, citizenship education and moral education, as well as those involved in cultural, political and religious studies in a broader sense. It will also appeal to anyone who finds him- or herself wondering about the state of the world in the Twenty-First Century, and who suspects that rethinking what it means to be a person in that world might not be a bad idea.
Author: Anne Griffiths Publisher: Taylor & Francis ISBN: 131730814X Category : Law Languages : en Pages : 273
Book Description
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.
Author: Richard Prust Publisher: Vernon Press ISBN: 1622737474 Category : Philosophy Languages : en Pages : 132
Book Description
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.
Author: Loïc Azoulai Publisher: Bloomsbury Publishing ISBN: 178225935X Category : Law Languages : en Pages : 339
Book Description
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.
Author: Higgs, Paul Publisher: Policy Press ISBN: 1447319052 Category : Family & Relationships Languages : en Pages : 188
Book Description
As humans live longer, the elderly population increases, and the challenges we face in addressing their needs continue to evolve. This book explores the theoretical and practical issues raised by advanced aging in the contemporary world. Developing new sociological theory, Paul Higgs and Chris Gilleard suggest that mental and physical frailty forms a central theme in narratives about deep old age and that discussions of personhood are needed to address this concept. After examining key terms like personhood, the fourth age, frailty, and abjection, Higgs and Gilleard consider the broader implications of these concepts for issues of care--both its meanings and its management. As the care needs of the elderly and options for meeting these needs grow more complex, it is important to examine our collective hopes and fears concerning the end of life, including questions about personhood and expectations for the quality and content of end-of-life care.
Author: Colin Dayan Publisher: Princeton University Press ISBN: 0691157871 Category : Law Languages : en Pages : 364
Book Description
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.
Author: Jill Marshall Publisher: BRILL ISBN: 9004170596 Category : Law Languages : en Pages : 245
Book Description
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.
Author: Simon Stern Publisher: Oxford University Press, USA ISBN: 0190695625 Category : Law Languages : en Pages : 921
Book Description
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.
Author: Charles Foster
Author: Charles Foster
Author: Laurance J. Splitter
Author: Anne Griffiths
Author: Richard Prust
Author: Loïc Azoulai
Author: Higgs, Paul
Author: Colin Dayan
Author: Jill Marshall
Author: Simon Stern
Author: Joseph Vining